HomeMy WebLinkAbout1966-03-07-TE-Warrant-and-1966-03-21-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 THRFF, CARY MEMORIAL BUILDING; PRECINCT FOUR, SENIOR HIGH
SCHOOL; PRECINCT FIVE, CENTRAL FIRE STATION; PRECINCT SIX, MARIA
HASTINGS SCHOOL, on Monday the seventh day of March, A.D. , 1966 at
7:30 o'clock A.M. , then and there to act on the following articles:
Town
ARTICLE 1. To choose by ballot the following/officers:
Two Selectmen for the term of three years;
One member of the School Committee for the term of three years;
One Cemetery Commissioner for the term of three years;
One Trustee of Public Trusts for the term of six 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;
One member of the Lexington Housing Authority for the term of five years;
One Constable to fill an unexpired term ending March, 1967.
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, 1967.
Twelve Town Meeting Members in Precinct Two, 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, 1967.
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Fourteen 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, 1968, and the two receiving the next
highest number of votes to fill unexpired terms ending March, 1967.
Thirteen Town Meeting Members in Precinct Four, 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, 1967.
Twelve Town Meeting Members in Precinct Five, 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, 1968.
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, 1968.
To vote YES or NO by ballot on the following question:
"Shall an act passed by the General Court in the year
nineteen hundred and sixty-five, entitled 'An Act
authorizing certain non-residents of the Town of Lex-
ington to take the examination for the position of
police officer, and providing for their eligibility
for appointment thereto' , be accepted?" YES
NO
The polls will be open at 7:30 A.M. and will remain open
until 8: 00 P.M.
You are also to notify the inhabitants aforesaid to meet in Cary
Memorial Hall in said Town on Monday, the twenty-first day of March,
1966, at 8: 00 P.M. , at which time and place the following articles
are to be acted upon and deterEiined 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. Cars
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ARTICLE L{.. 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.
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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 vote to authorize the Town
Treasurer, with the approval of the Selectmen, to borrow money from time
to time in anticipation of the revenue for the financial years beginning
January 1, 1967 and January 1, 1968, and to issue a note or notes therefor,
payable within one year, in accordance with provisions of General Laws,
Chapter 1j4, Section LE, and to renew any note or notes as may be given for
a period of less than one year, in accordance with the provisions of General
Laws, Chapter WI , Section 17; or act in any other manner in relation thereto.
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 44 of the General
Laws; or act in any other manner in relation thereto .
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.
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 1966; or act in any other manner in relation thereto.
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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 Select-
men to appoint one of its members to the Board of Appeals, in accordance
with Section LA of Chapter 41 of the General Laws; or act in any other
manner in relation thereto .
ARTICLE 13. To see if the Town will vote to install new or replace-
ment water mains in such accepted or unaccepted streets or other land as
the Selectmen may determine, subject to the assessment of betterments or
otherwise, and to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary therefor; appropri-
ate money for such installation and land acquisition and determine
whether the money shall be provided by the current tax levy, by transfer
from availableihnds, including any special water funds, or by borrowing,
or by any combination of these methods; or act in any other manner in
relation thereto.
ARTICT,F 1L4.. 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 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 15. To see if the Town will vote to install a sewer main
or mains in such locations as the Selectmen may determine from an
existing sewer main in Bedford Street in the vicinity of Eldred Street
to Winter Stret in the vicinity of Sullivan Street, 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
interet in land necessary therefor; appropriate money for such installation
and land acquisition and determine whether the money shall be provided by
the current tax levy, by transfer from available funds, including any
special sewer funds, or by borrowing, or by any combination of these
methods; or act in any other manner in relation thereto .
ARTICLE 16. To see if the Town will vote to install a sewer main
or mains in such locations as the Selectmen may determine from an
existing sewer main in Emerson Road in the vicinity of Angier Road to
Burlington Street in the vicinity of Graham Road, subject to the assess-
ment of betterments or otherwise, in accordance with Chapter 504 of the
Acts of 1897, and all acts in amendment thereof and in addition thereto,
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 17. To see if the Town will vote to install a sewer main
or mains, including a pumping station and appurtenances, in such lo-
cations as the Selectmen may determine, from Suzanne Road near its
intersection with Mill Brook Road to North Street near its intersection
with Adams Street, and from North Street near its intersection with
Adams Street to the existing trunk sewer near the intersection of Grant
Street and Colony Road and also to Emerson Road near the point at which
it crosses Vine Brook, subject to the assessment of betterments or other-
wise, in accordance with Chapter 504 of the Acts of 1897, and all acts
in amendment thereof and in addition thereto, 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 combi-
nation of these methods; or act in any other manner in relation thereto.
ARTICLE 18. To see if the Town will vote to install drains in
such accepted or unaccepted streets or other land as the Selectmen
may determine, including the widening, deepening or altering the
course of brooks, streams and water courses and the constructing of
new channels in said other land, in accordance with Chapter 263 of
the Acts of 1926, as amended, or otherwise, and to take by eminent
domain, purchase orctherwise 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.
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ARTICLE 19. 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 20. 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 21. To see if the Town will appropriate a sum of money for
highway maintenance under the authority of Chapter 90 of the General Laws,
and determine whether the money shall be provided by the current tax levy
or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
ARTICLE 22. 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.
ARTICTF 23. 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.
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ARTICLE 24. 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;
oract in any other manner in relation thereto.
ARTICLE 25. To see if the Town will vote to enlarge the scope of
the Road Machinery Fund by crediting to said fund an amount based on
hourly rental for the use of motorized equipment of the Public Works
Department when used on various projects carried on under the direction
of said Department 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 26. To see if the Town will make supplementary appropriations
to be used in conjunction with money appropriated in prior years for the
installation or construction of water mains, sewers, drains, 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 27. To see if the Town will vote to install street lights
in such unaccepted streets as the Selectmen may determine prior to the
final adjournment of the 1967 Annual Town Meeting; or act in any other
manner in relation thereto.
ARTICLE 28. 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.
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ARTICLE 29. To see if the Burn will authorize the Selectmen to obtain
appraisals on and options for land or rights therein that they desire 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 acqui-
sition 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 30. 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 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.
ARTICLE 32. To see if the Town will appropriate a sum of money to
be expended under the direction of the Board of Health for providing coopera-
tive 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.
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ARTICLE 33. To see if the Town will vote to appropriate a sum
of money for the purchase or lease of voting machines, and provide
for payment thereof 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 34. To see if the Town will vote to appropriate the total
amount of State aid to public libraries received in 1966 to the Trustees
of the Cary Memorial Library to use in improving and extending library
service in Lexington; or act in any other manner in relation thereto.
ARTICLE 35. To see if the Town will vote to accept Chapter 777
of the Acts of 1965 which is an Act establishing the office of comptroller
in the Town of Lexington.
ARTICLE 36. To see if the Town will authorize the Selectmen to
obtain preliminary plans and specifications for alterations and addi-
tions to the existing Town Office Buildings, and for the construction
of an additional Town Office Building, appropriate a sum of money therefor,
and determine whether the money shall be provided by the current tax
levy, by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
ARTICLE 37. To see if the Town will authorize the Selectmen to
retain professional ,_services and prepare final plans and specifications
and to obtain bids for the construction and original equipping and
furnishing of alterations and additions to the Town Public Works Building
located at 201 Bedford Street; appropriate money for such purposes 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.
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ARTICLE 38. To see if the Town will appropriate a sum of money
for the purchase and installation of a generator to provide emergency
power for the Cary Memorial Building and the Town Office Building, 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 39. To see if the Town will vote to purchase and install
additional and replacement equipment for the radio communications
system of the Town , 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 crier manner in relation thereto.
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ARTICLE 40. To see if the Town will vote to purchase and install
in the Central Fire Station additional and replacement equipment for
the fire alarm and communications systems and to convert the present
battery room to an office, 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 41. To see if the Town will appropriate a sum of money for
the partial development of a major playground at 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 42. To see if the Town will appropriate a sum of money for
further development of the W. John Baskin Playground, 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
resurfacing the Center Playground track 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 To see if the Town will appropriate a sum of money for
a backstop for the large play area at the William Diamond Junior High 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.
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ARTICLE 45. To see if the Town will appropriate a sum of money
for loaming and seeding the parcel of land situated on Rindge Avenue
that was acquired in 1965 for playground and recreational purposes,
and other public 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.
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ARTICT,F 46. To see if the Town will appropriate a sum of
money for clearing and leveling for playground and recreational
purposes a portion of a parcel of land owned by the Town, located
off Winter Street and near Marvin Street, 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.
ARTICT,F 47. To see if the Town will appropriate a sum of
money for clearing and leveling for playground and recreational
purposes a portion of a parcel of land owned by the Town located
on Poplar Street, 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.
ARTICTF 48. To see if the Town will vote to instruct the
Selectmen to petition the General Court for the enactment of legislation
amending Chapter 447 of the Acts of 1956, as amended by Chapter 185
of the Acts of 1958, to provide for the creation of an additional
Historic District and the extension of existing Historic Districts
substantially in accordance with the proposed legislation prepared
and recommended by the Historic Districts Study Committee, a copy of
such proposed legislation being on file in the office of the Town
Clerk; or act in any other manner in relation thereto.
ARTICLE 49. To see if the Town will provide for or authorize
appointment of a special committee to study the structure of the town
government, said committee to report its findings and recommendations
including drafts of any proposed legislation to the Town Meeting m
later than the 1967 Annual Town Meeting; 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 50. 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 three parcels of land situated on and off Highland Avenue and
Pelham Road, said land being shown as Parcel "A", Parcel "B" and
Parcel "C" on a plan entitled "Plan of Proposed School Site, Lexington,
Mass. ", dated December 7, 1965, Albert A. Miller, Wilbur C. Nylander,
Civil Engineers and Surveyors, and appropriate money therefor and
determine whether the money shall be provided by the current tax levy,
by transfer from available funds or by borrowing, or by any combination
of these methods; or act in any other manner in relation thereto.
ARTICLE 51. To see if the Town will 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 33,955 square feet, more or less,
situated at the junction of Lowell Street and Woburn Street shown as lots
3B, 3C, LAB and L4C and two unnumbered lots on a plan recorded in Middlesex
South District Registry of Deeds, Book 8066, Page 66; 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 52. To see if the Town will vote to appropriate a sum of
money for beautification and improvement of Massachusetts Avenue between
Wallis Court and Bedford Street, including, but not limited to, the
installation of pedestrian promenades, grass plots, and the planting
of trees, 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 53. To see if the Town will, subject to validation by the
General Court, appropriate a sum of money for the purpose of discharging
a moral obligation to John R. Clark & Associates, Inc . , which obligation
is unenforceable due to the insufficiency of the appropriation in the
year in which the obligation was incurred and due to any failure to
comply with the requirements of applicable statutes regulating competitive
bidding on public works or public buildings and requiring certification by
the Town Accountant that an appropriation was available therefor, and,
subject to validation by the General Court, appropriate a further sum of
money to cover disbursements from the appropriation under Article 45 of
the Warrant for the 1964 Annual Town Meeting in excess of the amount then
available, and determine whether the money shall be provided by the current
tax levy, by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto .
ARTICLE 54. To see if the Town will vote to amend the Zoning By-Law
by striking out subparagraphs a. and b . of paragraph 1. in subsection (e)
of Section 8 thereof under the caption "CM 1 Districts" and by inserting
in place thereof the following new subparagraphs:
a. For each permitted principal building a lot containing an area of not
less than three acres and a frontage of not less than 200 feet on
each street on which such lot abuts.
b. For each permitted principal or accessory building:
(1) A yard of not less than 75 feet in depth between any such
building and any street, limited access highway or district
boundary of an R 1, R 2 or A 1 district',: provided however
that such yard may be reduced to not less than 50 feet for
any building not exceeding one story or 20 feet in height ex-
clusive of accessory features exempt by subsection (c) of
Section 7 of this By-Law. Within such 75 feet or 50 feet,
whichever is applicable, there shall be permitted only walks,
driveways and parking facilities, landscaped green areas of
grass, shrubs, plants and trees; fences, pools, gates or security
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stations, and ornamental structures specified as permitted in the
finding and determination of the Board of Appeals . Parking
facilities shall occupy not more than 25% of the area of such
yard and shall be located not less than 50 feet from the
boundaries of any R 1, R 2 or A l district .
(2) Side and rear yards of not less than 25 feet in depth on all
sides other than where the greater yard defined in the preced-
ing subparagraph ( 1) shall be required. Within such 25 feet
there shall be permitted only landscaped green areas of shrubs,
plants, trees and grass and the necessary walks, driveways and
railroad sidings .
(3) A minimum distance of 30 feet between buildings and each
building shall be surrounded by a fire lane, provided, however,
that buildings may be interconnected by corridors or walkways,
if provision is made for access by fire apparatus to all outside
walls .
ARTICLE 55. To see if the Town will vote to amend the Zoning By-Law
by striking out the figure "75" in subparagraph d. of paragraph 1. in
subsection ( e) of Section 8 thereof and by inserting in place thereof
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the figure "66.7" .
ARTICLE 56. To see if the Town will vote to amend the Zoning By-Law
by striking out subparagraph g. of paragraph 1. in subsection ( e) of
Section 8 thereof under the caption "CM 1 Districts" .
ARTICLE 57. To see if the Town will vote to amend the Zoning By-Law
by adding after the designation "C 1" in the first line of subsection (a)
of Section 7 thereof under the caption "HEIGHT REGULATIONS" the new
district designations "CS, CN" , so that said subsection (a) shall read
as follows:
(a) In H 1, R 2, T 1, C 1, CS, CN and A 1 districts, buildings
shall not exceed two and one-half stories and a maximum height of
forty feet, except that schools, municipal buildings and hospitals may
contain three full stories with a maximum height of forty-five feet.
In C 4 districts, buildings shall not exceed two stories and a maximum
height of forty feet .
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ARTICLE 58. To see if the Town will vote to amend the Zoning By-Law
as follows:
A. By adding at the end of Section 3 thereof under the caption
"DISTRICTS DEFINED" the following paragraph:
"(k) CS - Service and trade districts"
B. By adding at the end of Section 5 thereof under the caption
"PERMITTED BUILDINGS AND USES" a new subsection (k) as follows:
(k) CS Districts
1. All buildings and uses that are permitted in R 1 districts,
but subject to all applicable conditions and restrictions set forth
in Section 5, subsection (a) of this By-Law.
2. Retail sales of automobiles, aircraft, marine craft, farm and
other heavy machinery and vehicles, including the accessories thereof;
air conditioning, heating, refrigerating and plumbing equipment and
supplies; structural and building materials and supplies; fuel, grain,
animal feed, ice, lumber; trees, shrubs, plants, and accessory materials
and chemicals for the preservation and health of plants. Specifically
prohibited are automobile grave yards and junk yards. Outdoor storage
is prohibited, except as provided in paragraph 4.e. hereof.
3. Places of business of general, building and building maintenance,
landscaping, electrical, and other similar contractors, masons, carpenters,
well-drillers, blacksmiths and locksmiths; television, radio and electrical
appliance repairs, reupholstering, furniture repair and other similar
repair services. Outdoor storage is prohibited, except as provided in
paragraph 4.e, hereof.
4. Subject to a special permit by the Board of Appeals issued in
accordance with the applicable provisions of Section 14 of this By-Law:
a. Wholesale of commodities listed in paragraph 2. of this sub-
section, if accessory to the permitted retail sale of such
commodities.
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b. Commercial car wash establishments, if not detrimental to
neighboring areas, particularly with regard to the safe and
convenient flow of traffic .
O. Automotive repair shops, including gasoline service stations
incidental to the operation of such repair shop.
d. Dressmaking or tailoring establishments, including those
specializing in alterations, furriers, milliners, printing
shops, bakeries and other similar trades , provided that all
work shall be of custom or job order type for sale on the
premises, and that there shall be no production for stock or
for wholesale .
e . Outdoor storage of supplies and equipment incidental to per-
mitted uses and subject to appropriate requirements for lighting,
screening, fencing, cover and safety precautions. There shall be
no outdoor storage within the required minimum yards next to a
district boundary, street or highway as specified in subsection
(k) of Section 8 of this By-Law.
5. Expressly prohibited is any business or use, including those
enumerated in paragraphs 1 through 4 of this subsection, if its conduct
may be disturbing or detrimental to the health, safety or welfare of
persons working or living in the neighborhood by reasons of special
danger of fire , explosion, pollution of waterways , corrosive, toxic or
noisome fumes, gas, smoke, soot, obnoxious dust or glare, disagreeable
odors, offensive noise or vibration.
C. By adding at the end of Section 8 thereof under the caption
"AREA, FRONTAGE AND YARD REGULATIONS" the following new subsection (k) :
(k) CS Districts
1. In CS 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 the street designated as
the frontage street.
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b. A yard of not less than 40 feet in depth on each street,
limited access highway and district boundary of an R 1, R 2
or A 1 district upon which such CS district abuts. The areas
within such 40 feet from a district boundary of an R 1, R 2 or
A 1 district and within 20 feet from a street or a limited
access highway shall contain only (1) fences and gates or
security stations, (2) walks, driveways and access ways
occupying not more than 50 per cent, thereof, and (3) green
areas of grass, plants, shrubs and trees . Where a lot in a
CS district is bounded by a railroad right of way, the land
in such right of way adjoining such lot may be considered as
a part of the required minimum yard.
e. On each side that does not abut on a street, limited access
highway or district boundary of an R 1, R 2 or A 1 district,
a side yard or a rear yard of not less than<20 feet in width
which may be utilized for parking or outdoor storage, if not
otherwise prohibited by this By-Law or by the Board of Appeals
in the granting of a special permit .
d. On each lot an open area, not occupied by any building or
structure, of not less than 75 per centum of the lot.
Not more than two-thirds of such open area may be utilized for
parking and outdoor storage, if not otherwise prohibited by
this By-Law or by the Board of Appeals in the granting of a
special permit.
e. On each lot parking, loading and unloading facilities reasonably
sufficient to serve all permitted uses on such lot without
using adjacent streets therefor and with adequate provisions
for access, turning and exit without endangering or inconven-
iencing the users of such lot or the traffic in the streets
adjacent thereto.
f. A distance between buildings on the same lot of not less than
20 feet.
h
r- -22-
2. In CS districts there shall be provided for any building or
use permitted in R 1 districts the same area, frontage and yards
as would be required at that location for a building in an R 1 district.
No such building or use permitted in R 1 districts shall be on the same
lot as any building or use not permitted in R 1 districts.
D. By striking ott paragraphs 4 and 5 in subsection (c) of Section 4
thereof under the caption "C 1 - Local business districts ." and by adding
at the end of Section L!- thereof entitled "GEOGRAPHICAL DESCRIPTIONS OF
DISTRICTS" a new subsection (k) to read as follows:
(k) CS - Service and trade districts
1. A district on the southwesterly side of Bedford Street between
the railroad right of way and the North Lexington Brook beginning at the
intersection of the center line of the North Lexington Brook with the
southwesterly side line of Bedford Street; thence southeasterly by said
side line of Bedford Street by several courses, a distance of 315 feet,
more or less, to ,the northeasterly side line of the Boston and Maine
Railroad right of way; thence northwesterly by said northeasterly line
of the Boston and Maine Railroad right of way, by a curve of 1890.58 feet
radius, a distance of 669.07 feet, and by a curve of 2753.03 feet radius,
a distance of 544.56 feet; thence northeasterly a distance of 30.0 feet;
thence northwesterly by the northeasterly side line of said Boston and
Maine Railroad right of way, a distance of 108 feet, more or less;
thence northeasterly by land now or formerly of Mary C. Rudd, a distance
of 100 feet, more or less; thence generally southeasterly by the center
line of the North Lexington Brook, a distance of 10311. feet, more or
less, to the point of beginning.
2. A district on the northeasterly side of Bedford Street beginning
at the intersection of said northeasterly side line of Bedford Street
with the southerly side line of the Boston and Maine Railroad right of
way; thence by said side line of the Boston and Maine Railroad generally
easterly a distance of 1,585 feet, more or less; thence southwesterly a
r2J
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distanceof 1,200 feet, more or less, by the extension to the northeast
of the southerly boundary of land now or formerly of Metropolitan Equip-
ment and Service Co. , Inc . and by said southerly boundary to the north-
easterly side line of Bedford Street; thence by said northeasterly side
line of Bedford Street northwesterly a distance of 1,143 feet, more or
less, to the point of beginning.
V/
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(-
ARTICLE
24-ARTICLE 59. To see if the Town will vote to amend the Zoning
By-Law as follows:
A. By adding at the end of Section 3 thereof under the caption
"DISTRICTS DEFINED" the following paragraph:
" (1) ON - Neighborhood llsiness districts"
B. By adding at the end of Section 5 thereof under the caption
"PERMSTTED BUILDINGS AND USES" the following new subsection (1) :
(1) CN DISTRICTS
1. All buildings and uses which are permitted in R 1 districts,
but subject to all applicable conditions and restrictions set forth
in Section 5, subsection (a) of this By-Law.
2. Drugstores and retail stores for the sale of beauty and
health aids, medicines and medical supplies, foods not intended
for consumption on the premises, smoking supplies, periodicals,
books , stationery, toys, hardware, and arts and crafts supplies.
Expressly prohibited are liquor stores, outside storage and outside
display of merchandise.
3. Neighborhood-type service establishments and offices of
physicians , dentists, barbers, hairdressers and beauticians,
manicurists, opticians, real estate brokers, and watch, shoe and
clothing repairs. Expressly prohibited are offices of agents, salesmen
and representatives of manufacturing, distributing, wholesale, and
insurance companies and establishments for treatment, boarding and
care of animals.
LE. Subject to a special permit by the Board of Appeals issued in
accordance with the applicable provisions of Section 14 of this By-Law:
a. Delicatessens, and lunch counters and soda fountains
incidental to the permitted business of a drugstore.
w
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b. Self-service automatic laundry and dry-cleaning
establishments and pick-up stations of OleanSing,
laundry and dyeing plants.
c. Gasoline service stations, including the maintenance
and minor repairs of passenger automobiles, where in
the judgment of the Board of Appeals a clearly established
neighborhood need will be served thereby. Special permits
issued hereunder shall be subject to such conditions,
restrictions and safeguards as the Board of Appeals may
impose to protect the character of the neighborhood and to
reduce interference with the safe and convenient flow
of traffic.
d. Branch banks and undertakers.
C. By adding at the end of Section 8 thereof under the caption
"AREA, FRONTAGE AND YARD REGULATIONS" the following new subsection
(1) :
(1) CN Districts
1. In CN Districts there shall be provided:
a. For each permitted principal building a lot having an
area of not less than 15,500 square feet and a frontage
on at least one street, designated as the frontage
street for such building ., of not less than 125 feet,
provided, however, that any lot of land which on February
21, 1965, was in ownership separate from that of adjoin-
ing land located in the same CN district shall be deemed
to satisfy the requirements of this By-Law for area and
frontage in ON districts .
b. On each lot a front yard on the frontage street of not
less than 30 feet in depth which may be used for parking
except for the portions thereof within 10 feet of a street
or within 20 feet of an R 1, R 2 or A 1 district,
which portions shall contain only green areas of grass, plants,
shrubs and trees, and necessary walks, driveways and fences.
r- -26-
c. On each lot having only buildings and uses permitted in
R 1 districts, side and rear yards which would be
required if such lot were located in an R 1 district.
d. On each lot other than those described in paragraph c.
hereof, a side yard on each side of not less than 20
feet and a rear yard of not less than 20 feet. These
yards, where within 20 feet of an R 1, R 2 or A 1
district, shall contain only fences, green areas of
grass, shrubs, plants and trees and the necessary walks
and driveways.
e. For each permitted principal or accessory buildingother
than those permitted in R 1 districts, a parking area
on the same lot as such building and containing not less
than one parking space, as hereinafter defined, for each
200 square feet of floor area in such. building. As
used herein, the term "parking space" shall mean an area
available for parking one motor vehicle and having a
width of not less than 10 feet and an area of not less
than 200 square feet, exclusive of passageways and
driveways appurtenant thereto, and with free and
unimpeded access to a street over unobstructed
driveways laid out so as not to require backing out
into a street. The term "floor area", as used herein,
shall mean the aggregate horizontal area in square
feet of floors within the walls enclosing the building,
exclusive of garage, cellar, basement or other areas
used only for storage or for services incidental to the
operation or maintenance of the building.
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f. All principal and accessory buildings on one lot shall
have a total floor area, as defined in the preceding
paragraph e. , of not more than 3,000 square feet,
g. A distance of not less than 20 feet between buildings.
D. By striking out paragraphs numbered 6. , 10. , 12. , 14. ,
15. , 19., 20. , 22. , and 25. in subsection (c) of Section 4 thereof
under the caption "0 1 - Local business districts" and by inserting
in place of said paragraph 22 a new paragraph to read as follows:
22. Districts at the junction of Woburn and Lowell streets
upon the northeasterly, southeasterly and southwesterly corners
thereof, each extending for a distance of 200 feet along each
street from the junction points of the side lines of each street,
thence back at right angles to each said street until the exterior
lines intersect.
E. By adding at the end of Section 4 thereof entitled
"GEOGRAPHICAL DESCRIPTIONS OF DISTRICTS" a new subsection (1) to
read as follows:
(1) CN - Neighborhood business districts
1. A district on the easterly side of Bedford Street between
North Hancock Street and Harding Road begining at a point on the
northerly sideline of North Hancock Street, said point being
westerly and a distance of 64.48 feet from the westerly terminus
of a curve of 281.86 feet radius; thence westerly a distance of
68.70 feet to a point of curvature; thence following the northerly
side line of North Hancock Street, the easterly side line of Bedford
Street and the southeasterly side line of Harding Road to Lot 12
as shown on a plan recorded in the Middlesex South District Registry
of Deeds in Book 6988, Page 1; thence southeasterly along the
southwesterly lot line of said Lot 12 a distance of 107.68 feet
to a point; thence easterly along the southerly lot line of said
Lot 12 a distance of 46 feet to a point ; thence southerly by a
straight line a distance of 108.96 feet to the point of beginning.
✓f
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2. A district on the northerly side of Marrett Road beginning
at a point 69.50 feet westerly of the westerly terminus of a curve
of 215.47 feet radius; thence westerly along the northerly line of
said Marrett Road a distance of 197.70 feet to a point; thence
northerly a distance of 214.15 feet to a point; thence westerly
a distance of 86.04 feet to a point; thence northeasterly a distance
of 78.12 feet to a point; thence southeasterly a distance of 260.42
feet to a point; thence southwesterly a distance of 60 feet to a
point; thence westerly a distance of 15.3 feet to a point; thence
southerly a distance of 200.9 feet to the point of beginning, said
district including Lots 193, 194 and 195 as shown on a plan recorded
in the Middlesex South District Registry of Deeds in Book 349,
Page 49, and Lot 239 as shown on a plan recorded in the Middlesex
South District Registry of Deeds in Book 321, Page 5.
3. A district at the intersection of the northeasterly line
of Lincoln Street with the easterly line of School Street, extend-
ing for a distance of 200 feet southeasterly along said Lincoln
Street and for a distance of 290 feet northerly along said School
Street and for a depth of 200 feet from the lines of said streets,
4. A district at the southwesterly corner of Waltham Street
and Concord Avenue beginning at a point on the southerly line of
said Concord Avenue; thence bearing to the right with a curve of
69.17 feet radius, a distance of 90.99 feet to a point of tangency
in the westerly line of said Waltham Street; thence S05°39'05"E,
a distance of 42. 06 feet to a point of curvature; thence bearing
to the right with a curve of 1, 945.62 feet radius, a distance of
52.94 feet to a point; thence N81°04'20"W, a distance of 150 feet
to a point, thence N50°22'30"W, a distance of 148.54 feet to a
point in the southerly line of Concord Avenue; thence S81°01125"E,
a distance of 96.61 feet to the point of beginning.
i
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5. A district at the southeasterly corner of Waltham Street
and Concord Avenue beginning at a point on the southerly line of
Concord Avenue; thence along said southerly line S79°43115"E, a
distance of 68.52 feet to a point; thence S11°)t1y 55"W, a distance
of 160.45 feet to a point; thence westerly a distance of 99.50
feet to a point in the easterly line of said Waltham Street; thence
northerly along said easterly line of Waltham Street bearing to
the left by a curve of 2,005.62 feet radius, a distance of 95.33
feet to a point of reverse curvature; thence bearing to the right
by a curve of 60.97 feet radius, a distance of 112. 72 feet to the
point of beginning.
6. A district on the westerly side of Bedford Street beginning
at a point on the southwesterly side of Bedford Street, said point
being 154 feet northwesterly from a stone bound at the southeasterly
terminus of a curve of 866.4 feet radius, and extending southeasterly
along Bedford Street to the northeasterly side line of Reed Street and
to a depth of 100 feet from the adjacent side line of Bedford Street,
7. A district on the northeasterly side of Bedford Street
beginning at the intersection of the northeasterly side line of
Bedford Street with the northerly side line of the Boston and
Maine Railroad right of way; thence northwesterly by said side line
of Bedford Street, a distance of 152.2 feet, more or less, to the
northwesterly boundary of land now or formerly of Dynel Incorporated;
thence northeasterly by said boundary 100 feet; thence southeasterly
by a line parallel to and 100 feet northeasterly from the northeasterly
side line of Bedford Street to the northerly side line of the Boston
and Maine Railroad right of way; thence by said side line of the Boston
and Maine Railroad right of way northwesterly to the point of beginning.
-3o-
8. A district at the northwesterly corner of the intersection
of Woburn and Lowell Streets, extending 200 feet northerly along
the westerly side line of Lowell Street and 200 feet westerly
along the northerly side line of Woburn Street from the intersection
of the side lines of said streets and thence back at right angles
to each said street until the lines intersect.
9. A district at the northwesterly corner of Waltham Street
and Concord Avenue extending 200 feet northerly along the westerly
side line of Waltham Street and 200 feet westerly along the
northerly side line of Concord Avenue from the intersection of
said lines; thence back at right angles to each said street until
the lines intersect.
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ARTICLE 60. To see if the Town will vote to amend the Zoning By-Law
by adding at the end of Section 8(a)2 thereof the following:
f. Any tract of land containing at least 10 acres of land to be sub-
divided, provided each lot therein contains an area of not less than
20,000 square feet, a frontage of not less thah 120 feet on a street,
and further provided that the Board of Appeals grants a special permit
for the subdivision into such lots subject to the following requirements
and conditions:
(1) The number of building lots therein shall not exceed the number
of 30,000 square foot lots which could be contained in 85 per cent of
the area of the tract being subdivided.
(2) There shall remain unsubdivided and in one parcel, unless other-
wise permitted by the Board of Appeals, an area of land containing not
less than 25 per cent of such total tract and including free and unimpeded
legal and physical access at least L.0 feet wide from one or more streets .
Such unsubdivided parcel shall not have any buildings erected on it, and
shall be used for conservation, recreation or park purposes and shall
either be deeded to and accepted by the Town of Lexington for such
purposes or deeded to an association of the residents of the tract of
land, to all such residents jointly or to a trust or corporation having
as one of its purposes the maintenance of such unsubdivided parcel as
conservation, recreation or park land. When the ownership of the
unsubdivided parcel is deeded to persons other than the Town, the Town
of Lexington shall be granted an easement over the parcel sufficient to
ensure the perpetual maintenance of such unsubdivided parcel as con-
servation, recreation or park land.
(3) Simultaneously with the submission of the application for the
special permit, the applicant shall transmit a copy of the preliminary
subdivision plan to the Planning Board. The Board of Appeals shall not
take any action on such application until the Planning Board shall have
submitted its recommendations to the Board of Appeals or until a period
of forty-five days from the date of submission of the preliminary
-32-
subdivision plan and the application for the special permit shall have
elapsed. The Board of Appeals shall give due consideration to the
recommendations of the Planning Board and, where its decision differs
from such recommendations, shall state the reasons therefor in its
decision.
(4) Nothing contained herein shall in any way exempt a proposed
subdivision from compliance with the Rules and Regulations of the Planning
Board, nor shall it in any way affect the right of the Board of Health
and of the Planning Board to approve, with or without conditions and
modifications, or disapprove a subdivision plan in accordance with the
provisions of such Rules and Regulations and of the Subdivision Control
Law.
(5) The Planning Board shall not recommend and the Board of Appeals
shall not grant a special permit for the subdivision of land into lots
having the reduced area and frontage, as provided for in this subsection,
if it appears that because of soil, drainage, traffic or other conditions
the granting of such permit would be detrimental to the neighborhood or
to the Town. In granting a special permit, the Board of Appeals shall
impose such additional conditions and safeguards as public safety, welfare
and convenience may require, either as recommended by the Planning Board
or upon its own initiative .
ARTICIR 61. To see if the Town will vote to amend the Zoning By-Law
by adding at the end of Section 14 thereof under the caption "BOARD OF
APPEALS" the following new subsection (i) :
(i) Whenever a special permit for a building or a use is required in
accordance with the provisions of subsection (a) of this Section and
with any other applicable provisions of this By-Law, the Board of Appeals
shall only grant such permit if the proposed building or use shall not
be detrimental or inappropriate to the character of the area where it is
proposed to be located and of the Town as a whole. No permit shall be
granted for any such building or use if, in the opinion of the Board of
J
?,A
-33-
the Board of Appeals, it would endanger public health or safety, would
create or aggravate congestion in the streets, traffic hazards or over-
crowding of land, would detrimentally affect the value of land and
buildings, or would be inconsistent with provisions for adequate light,
air, transportation, water, sewerage, schools, parks and other public
requirements and amenities . To accomplish the above objectives special
permits may be subject to appropriate conditions and safeguards, pertain-
ing, but not limited, to the following:
1. Hours of operation or other time limits;
2. External lighting and signs;
3. Smoke, noise, vibration, fumes, glare and dirt;
4. Landscaping and screening by means of suitable fences, orna-
mental or accoustic barriers, plantings, trees, etc. ;
5. Provisions for water supply, waste disposal, drainage;
6. Size or capacity of a business building or use;
7. Adequacy, safety and convenience of approach, entry, exit,
parking, loading and unloading, and passing, as regards both
motor traffic and pedestrians;
8. Posting security to ensure compliance with all applicable
requirements imposed by this By-Law or by the Board of Appeals.
3
-34-
ARTICLE 62 . To see if the Town will vote to amend the Zoning
By-law so as to change certain land from a C 4-Small Office District
to a C 1-Local Business District, as follows:
1. By adding in Section 4, Geographical Descriptions of Districts,
under (c) C 1-Local Business Districts, the following paragraph:
A district on the easterly side of Waltham Street, adjacent to
the Lexington-Waltham line , bounded and described as follows: Southerly
by the Lexington-Waltham line, 200 feet; Westerly by Waltham Street,
140 feet, more or less; Northerly by land, now or formerly,. of Leonard V.
Short, 200 feet; and Easterly by land, now or formerly, of said Short,
140 feet, more or less .
2. By adding in said Section 4, under ( j) C 4-Small Office
Districts, at the end of Paragraph 1, the following:
There is excepted from the above-described land the parcel bounded
and described as follows: Southerly by the Lexington--Waltham line,
200 feet; Westerly by Waltham Street, 140 feet, more or less; Northerly
by land, now or formerly, of Leonard V. Short, 200 feet; and Easterly
by land, now or formerly, of said Short, 140 feet, more or less.
(Inserted at the request of ten or more registered voters. )
ARTICLE 63 . To see if the Town will vote to amend the Zoning By-law
so as to change certain land from an R 1-One Family Dwelling District
to a C 3-Special Commercial District, by adding in Section 4, Geographi-
cal Descriptions of Districts, (h) C 3-Special Commercial Districts, the
following paragraph:
A district on the westerly side of Spring Street, bounded and
described as follows:
Easterly by Spring Street, 512.5 feet, more or less; Northerly by
land .now or formerly of Benjamin A. Greene and Ann L. Greene, 612 feet,
more or less; Westerly by land now or formerly of Lexington Investment
Trust, 558.94 feet, more or less; and Southerly by land now or formerly
of William F. Cowles and Eileen A. Cowles, 510.36 feet, more or less.
(Inserted at the request of ten or more registered voters. )
ARTICLE 64 . To see if the Town will vote to amend the Zoning By-law
so as to change certain land from an R 1-One Family Dwelling District to
a C 3-Special Commercial District, by adding in Section 4, Geographical
Descriptions of Districts, (h) C 3-Special Commercial Districts, the
following paragraph:
A district on the southwesterly side of the Cambridge-Concord
Highway (Route 2) and the westerly side of Spring Street, bounded and
described as follows:
Northeasterly by the southwesterly line of said Cambridge-Concord
Highway, 301 feet, more or less; Northwesterly by a southeasterly line
of said Highway, 33 feet, more or less; Northeasterly again by the
southwesterly line of said Highway by three lines measuring respectively,
360.8 feet, 99 feet, and 317.9 feet, all more or less; Northwesterly again
by a southeasterly line of said Highway, 22 feet, moreorless; South-
westerly by land, now or formerly of Lexington Investment Trust, 837 feet,
more or less; Southerly by land of owners unknown, 612 feet, more or less;
and Easterly by Spring Street, 142.5 feet, more or less .
(Inserted at the request of ten or more registered voters. )
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ARTICLE 65. To see if the Town will vote to amend the Zoning By-Law
by adding at the end of Section 4, (h) C-3-Special Commercial Districts,
the following new paragraph:
A district on the Town of Lexington and City of Waltham boundary,
on the easterly side of the Northern Circumferential Highway (Route 128) ,
on the southeasterly side of the Route 128 - Route 2 Interchange,
so-called, and the westerly side of Spring Street, bounded and described
as follows:
Beginning at a point on the westerly line of Spring Street at the
common boundary of the Town of Lexington and City of Waltham, thence
westerly along such boundary of the Town of Lexington and City of Waltbam,
to the easterly 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 the
Northern Circumferential Highway (Route 128) and the southeasterly line
of Route 128 - Route 2 Interchange, so-called; thence northeasterly
and easterly, by two lines, along the southeasterly and southerly lines
of said Interchange, to a point on the common boundary of said Interchange
and land of Lexington Investment Trust and land now or formerly of
Chester and Isabelle Lamantea; thence southeasterly and southwesterly
by land now or formerly of Chester and Isabelle Lamantea, Benjamin A.
and Ann L. Greene, Francis A. and Thelma P. Gallagher, Michael J. and
Helen M. Lynch, Robert C. and Patricia D. Snodgrass, Dominick and
Catherine Morley, Warren W. and Elizabeth B. Fox, and William and Eileen
Cowles; thence southeasterly along a line parallel to and seventy (70)
feet northeasterly from the common boundaryaof the Town of Lexington and
City of Waltham six hundred sixty three (663.00) feet more or less to
the westerly line of Spring Street; thence southerly by the Westerly
line of Spring Street, seventy-four (74) feet, more or less, to the
point of beginning at the boundary of the Town of Lexington and City
of Waltham.
( Inserted at the request of ten or more registered voters. )
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ARTICLE 66. "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 ( j) C::4 --
Small office districts -- the following new paragraph:
"2. A district on the northwesterly side of Waltham Street, bounded
and described as follows:
Southwesterly by Waltham Street, by several courses, one thousand
twenty-four and 45/100 (1024.45) feet, more or less;
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, by a
stone wall, by land now or formerly of Frasca, one thousand thirty-seven
and 56/100 (1037.56) feet, more or less; and
Northeasterly by land of said Frasca, twenty-eight and 30/100
(28.30) feet.
Said land being shown on a plan entitled 'Plan of land in Lexington,
Mass. , Dec. 1952, Thomas H. Broglino, R. L. Surveyor' and recorded with
Middlesex South District Registry of Deeds in Book 8136, Page 457.
Subject to takings of record for the widening of Waltham Street
and the installation of utilities. "
(Inserted at the request of ten or more registered voters. )
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ARTICLE 67, 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 375
feet, more or less, south of Mill Brook Road to 620 feet, more or
less, north of Mill Brook Road, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated January 3,
1966, 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 68 . To see if the Town will vote to establish as a town
way and accept the layout of as a town way Brigham Road from Hancock
Street a distance of 648 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 3, 1966, 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 69 . To see if the Town will vote to establish as a town
way and accept the layout of as a town way Dewey Road from Grove
Street a distance of 880 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 3, 1966, 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.
_38_
2 s'
ARTICLE 70. To see if the Town will vote to establish as a town
way and accept the layout of as a town way Juniper Place from Meriam
Street a distance of 432 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 3, 1966, 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 71. To see if the Town will vote to establish as a town
way and accept the layout of as a town way Mill Brook Road from Suzanne
Road a distance of 137 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 3, 1966, 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 72. To see if the Town will vote to establish as a town
way and accept the layout of as a town way Mohawk Drive from Oak Street
a distance of 377 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 3, 1966, 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 73. To see if the Town will vote to establish as a town
way and accept the layout of as a town way Partridge Road from Turning
Mill Road to Turning Mill Road, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated January 3,
1966, 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 71j . To see if the Town will vote to establish as a town
way and accept the layout of as a town way Butler Avenue from Tarbell
Avenue 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 3, 1966, 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 75. To see if the Town will vote to establish as a town
way and accept the layout of as a town way, Kendall Road from Marrett
Road to 670 feet, more or less, north of Grapevine 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 3, 1966, and to take
by eminent domain, purchase or otherwise acquire any fee, easement or
other interest in land necessaryatherefor; 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 76. To see if the Town will vote to establish as a town
way and accept the layout of as a town way, Middleby Road from Lincoln
street to Outlook Drive as laid out by the Selectmen under the Betterment
Act and shown upon a plan on file in the office of the Town Clerk, dated
January 3, 1966, 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 77. To see if the Town will vote to establish as a town
way and accept the layout of as a town way, Wright Stmt from Skyview
Road to James 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 3, 1966, 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
acquisitinn 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
viation thereto.
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ARTICLE 78. To see if the Town will vote to accept the
alteration and relocation of Moreland Avenue as a town way from 205
feet, more or less, westerly of Fern Street to 355 feet, more or less,
westerly of Fern Street, as altered and relocated by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated January 3,
1966, and to take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor; and appropri-
ate money for the construction of said street and for land acquisition
and determine whether payment 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 79. To see if the Town will vote to establish as a town
way and accept the layout of as a town way Laconia Street from Lowell
Street a distance of 170 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 3, 1966, 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 80. To see if the Town will authorize the Selectmen
to purchase, take by eminent domain or otherwise acquire for the
purpose of eliminating a dangerous traffic condition and interference
with public travel, and other public purposes, all rights of passage
of any kind or nature and by any and all means, however acquired, except
rights of passage of the owner or owners of the fee therein, in and over
any part or all of that portion of a strip of land 40 feet wide shown as
and marked !'Laconia Street" on plan entitled "Plan of Land in Lexington,
Mass. ", dated April 16, 1953, Fred A. Joyce, Surveyor, recorded in Middlesex
South District Registry of Deeds, Book 8066, Page 66, and extending from
the northerly side line of Woburn Street and its junction with the
westerly side of Lowell Street to a line extending between the northeasterly
corner of lot 3B and the northwesterly corner of lot 4rC, on the aforesaid
plan, and for the purposes aforesaid will authorize the Selectmen to
abandon the rights of passage so acquired, and will set the minimum amount
to be paid for such abandonment; and appropriate a sum of money for such
acquisition and abandonment 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.
II
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ARTICLE 81, To see if the Town will appropriate an additional
sum of money to the Conservation Fund and determine whether the money
shall be provided by the current tax levy, by transfer from available
funds, by borrowing, or by any combination of these methods; or act in
any other manner in relation thereto.
ARTICLE 82. To see if the Town will authorize the Conservation
Commission to expend from the Conservation Fund a sum of money to
purchase, or otherwise acquire, in the name of the Town, and will
authorize the Selectmen to take by eminent domain, upon the written
request of the Conservation Commission, for conservation purposes as
provided by Section $C of Chapter 40 of the General Laws, 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 9442, Page 113;
and Book 6918, Page 184; or act in any other manner in relation thereto.
ARTICLE 83. To see if the Town will authorize the Conservation
Commission to expend from the Conservation Fund a sum of money to purchase,
or otherwise acquire, in the name of the Town, and will authorize the
Selectmen to take by eminent domain,- upon the written request of the
Conservation Commission, for conservation purposes as provided by Section 8C
of Chapter 40 of the General Laws, all or any part of a parcel of land on the
southwesterly side of Winchester Drive, bounded southwesterly by other land
of the Town and believed to contain 8,000 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 441; or act in any other manner
in relation thereto.
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ARTICLE 84. To see if the Town will appropriate an additional
sum of money to the Conservation Fund and determine whether the money
shall be provided by the current tax levy, by transfer from available
funds, by borrowing, or by any combination of these methods; or act in
any other manner in relation thereto.
ARTICT,F 85. To see if the Town will authorize the Conservation
Commission to expend from the Conservation Fund a sum of money to
purchase, or otherwise acquire, in the name of the Town, and will
authorize the Selectmen to take by eminent domain, upon the written
request of the Conservation Commission, for conservation purposes as
provided by Section 8c of Chapter 40 of the General Laws, all or any
portion of a parcel of land containing 29, 786 square feet, more or
less, as shown on a plan dated June 15, 1962, made by Albert A. Miller
and Wilbur C. Nylander, Civil Engineers and Surveyors, recorded in
Middlesex South District Registry of Deeds, Book 10129, Page 36; or
act in any other manner in relation thereto.
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ARTICLE 86. To see if the Town will appropriate an additional
sum of money to the Conservation Fund and determine whether the
money shall be provided by the current tax levy, by transfer from
available funds, by borrowing, or by any combination of these methods;
or act in any other manner in relation thereto.
ARTICLE 87. To see if the Town will authorize the Conservation
Commission to expend from the Conservation Fund a sum of money to
purchase, or otherwise acquire, in the name of the Town, and will
authorize the Selectmen to take by eminent domain, upon the written
request of the Conservation Commission, for conservation purposes
as provided by Section 8C of Chapter 40 of the General Laws, the fee
or any lesser interest in all or any part of that portion of Lot B
situated southerly of Stratham Road as shown on plan entitled "Plan
at Lexington, Mass . " , dated July 12, 1922, recorded in Middlesex
South District Registry of Deeds, Plan Book 308, Plan 26; or act in
any other manner in relation thereto .
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ARTICLE 88. To see if the Town will appropriate an additional
sum of money to the Conservation Fund and determine whether the
money shall be provided by the current tax levy, by transfer from
available funds, by borrowing, or by any combination of these methods;
or act in any other manner in relation thereto.
ARTICLE 89. To see if the Town will vote to authorize the
Conservation Commission to expend from the Conservation Fund a
sum of money to acquire by purchase or otherwise, in the name
of the Town, for conservation purposes as provided by Section 8C
of Chapter 40 of the General Laws, the fee or any lesser interest
in all or any portion or portions of a parcel of land owned by
Alphonso B. West and Margaret S. West, husband and wife, located
off Oak Street and Massachusetts Avenue, all as described in a
certain option to purchase dated February 2, 1966, a copy of which
is on file with the Town Clerk; or act in any other manner in
relation thereto.
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ARTICLE 90. To see if the Town will appropriate an additional
sum of money to the Conservation Fund and determine whether the money
shall be provided by the current tax levy, by transfer from available
funds, by borrowing, or by any combination of these methods; or act
in any other manner in relation thereto.
ARTICLE 91. To see if the Town will authorize the Conservation
Commission to expend Prom the Conservation Fund a sum of money to
purchase, or otherwise acquire, in the name of the Town, and will
authorize the Selectmen to take by eminent domain, ipon the written
request of the Conservation Commission, for conservation purposes
as provided by Section 80 of Chapter 40 of the General Laws, all or
any portion of Lot B on "Plan of Land in Lexington, Mass . belonging
to George H. Roberts" , dated April 26,1932, recorded in Middlesex
South District Registry of Deeds, Book 5641, Page 195; or act in
any other manner in relation thereto.
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ARTICLE 92. To see if the Town will authorize the Selectmen
in the name and on behalf of the Town to convey to Louis Stoico
and Catherine F. Stoico, husband and wife, a parcel of land containing
9,600 square feet, more or less, as shown and marked Parcel B-1 on Land
Court Plan No. 16684A, and a sewer easement extending from an existing
sewer in land of the Town to the southeasterly boundary of land of
Louis Stoico as shown on plan entitled "A Compiled Plan of Land in
Lexington, Mass. ", dated January 20, 1966, by Albert A. Miller and
Wilbur C. Nylander, Civil Engineers and Surveyors, said easement to
be of a width and in a location and subject to such terms and conditions
as the Selectmen by the execution of the instrument of conveyance shall
approve, such conveyances to be in consideration of the conveyance by
said Louis Stoico and Catherine F. Stoico to the Town of a parcel of
land containing 84,000 square feet, more or less, as shown and marked Parcel
"A" on said plan dated January 20, 1966; or act in any other manner
in relation thereto.
ARTICLP 93. To see if the Town will authorize the Selectmen in the
name and on behalf of the Town to convey to Douglas T. Ross a parcel of
land containing 8500 square feet, more or less, being a portion of the
land that was acquired by the Town pursuant to vote adopted under
Article 42 of the 1960 Annual Town Meeting, and no longer needed by the
Town, and bounded southeasterly by land of said Douglas T. Ross and north-
easterly and westerly by land of the Town of Lexington, such conveyance
to be in consideration of payment by said Douglas T. Ross to the Town of
the sum of $300.00 and the conveyance by said Douglas T. Ross to the Town
of a parcel of land containing 8500 square feet, more or less, and bounded
easterly by land of said Douglas T. Ross and southerly, westerly and
northwesterly by land of the Town of Lexington, and upon such other terms
and conditions as the Selectmen may determine; or act in ahy other
manner in relation thereto.
L 9
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ARTICLE 91+. To see if the Town will vote to amend the Building
By-Law as follows:
1. By inserting in Article III thereof between the definitions
of "Fire Department" and "Fire Door" the following definition:
FIRE RESISTANCE RATING: The time in hours that the material
or construction will withstand the standard fire exposure as
determined by a fire test made in conformity with the "Standard
Methods of Fire Tests of Building Construction and Materials",
American Society for Testing and Materials E119.
2. By deleting the reference "Article XX" in the last sentence
of Article IX, Section 1. , paragraph A. , and substituting therefor
the reference "Article XXI" , so that said sentence shall read as
follows:
"All steel and reinforcing shall be protected as required
in Article XXI of this By-Law. "
3. By deleting the words "not exceeding 900 square feet" and
the words "Classrooms exceeding 900 square feet and" appearing after
the words "Schools - Classrooms" in Article XII, Section 2. , so that
said classification shall read as follows:
"Schools - Classrooms 50
Corridors 100
Stairways, including landings 100"
4. By inserting the word "resistance" between the words "fire?
and "rating" in , the second line of Article XX, Section 2. , paragraph
C.2. , so that said paragraph shall read:
"The walls and ceilings shall, unless otherwise constructed
of incombustible material having a minimum fire resistance rating of
one hour, be metal lathed and plastered to make a minimum thickness
of three-fourths (3/4) of an inch."
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5. By striking out paragraph D. of Section 2. of Article XX and
inserting in place thereof a new paragraph D. to read as follows:
"D. Basement and Cellar Ceilings . In buildings of second-
class construction or third-class construction, basement and cellar
ceilings shall be constructed of incombustible material having a fire
resistance rating of at least one hour."
6. By striking out paragraph A.3.b. of Section 2. of Article XXI
and inserting in place thereof a new paragraph to read as follows:
"b. The lowest point of the truss is less than twenty-five
(25) feet above the floor, but there is a continuous ceiling constructed
of incombustible material below the truss, or if there are any openings
in such ceiling, such openings open into shafts or ducts that extend to
the roof of the building and the walls of such shafts or ducts are of
incombustible material having a fire resistance rating of at least one hour."
ARTICLE 95. To see if the Town will vote to amend the General By-Laws
by adding thereto a new Section lA. under Article XXVI, Miscellaneous, to
read substantially as follows:
Section 1A. The dog officer is authorized to require owners or
keepers of dogs to restrain their dogs from running at large in the follow-
ing areas:
1. Schools, school yards or school playgrounds .
2. Parks or public recreation areas.
3. Commercially zoned areas .
The dog officer is further authorized to require owners or keepers of
dogs to restrain their dogs from running at large when off the premises
of the owner or keeper when it has been determined by the dog officer
that the dog is an annoyance, is dangerous, or is known to cause damage
in a neighborhood. Any owner or keeper of a dog who shall fail to
comply with any order of the dog officer issued pursuant to this article
shall be punishable by a fine of ten dollars .
1,4
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ARTICLE 96. To see if the Town will vote to appropriate
a sum of money for a bioengineering survey of the Old Reservoir off
Marrett Road in order to determine its suitability for swimming,
multiple use recreation, and as a natural science park, and determine
whether the money shall be provided by the current tax levy, by transfer
from available funds, by borrowing or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted at the request of ten or more registered voters. )
ARTICLE 97. To ask the Town Meeting to have an ordinance passed
requiring that swimming pools in the town have fences around them.
A fence or other protective enclosure at least 5 feet in height
must be installed around all pools. The wall of a building may serve
this purpose. Each opening shall have a self-closing door or gate with
latching device. All latches shall be located no less than four feet
above ground and shall be of the automatic or self-latching type.
(Inserted at the request of ten or more registered voters. )
ARTICLE 98. To see if the Town will vote to appropriate a sum
of money from available funds toward the reduction of the 1966 tax rate;
or act in any other manner in relation thereto.
L
C
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 seventh day of February, A.D. ,
1966 .
Z
Selectmen
/
( C
of
��_-��( �lC)C>Lth Lexington
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CONSTABLE' S RETURN
To the Town Clerk: February)) , 1966
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 /02, days
before the time of said meeting.
Attest: \ ;12_,,J2--(11
Constable of Lexington