HomeMy WebLinkAbout1959-03-16 ATM-min 1.60
ANNUAL TOWN MEETING HELD MARCH 16, 1959
Meeting called to order by the Moderator, Charles E. Ferguson at
8:03 P. M.
There were 188 Town Meeting Members present.
Invocation offered by Rev. Miles R. McKay from the Follen Church.
8:03 P. M.
Town Clerk, James J. Carroll, read the warrant for the meeting
until further reading was waived. 8:04 P. M.
Town Clerk, James J. Carroll, read the Constable' s Return for
the meeting. 8:04 P. M. -
Article 2. Norman J. Richards, Chairman of the Appropriation Committee,
presented report of said committee which was voted to be
accepted and placed on file. 8:06 P. M.
Donald P. Noyes presented report of the Capital Expenditures
Committee which was voted to be accepted and placed on
file. 8:06 P. M.
Unless otherwise noted, all articles presented by William E.
Maloney, Chairman of the Board of Selectmen.
Article 3. VOTED: That a Committee of three be appointed by the
Moderator to have charge of the lectures under the wills
of Eliza Cary Farnham and Susanna E. Cary for the current
year.
Carried Unanimously 8:07 P. M.
Article 4. VOTED: That the following amounts be appropriated for
the current year and be raised in the current tax levy
except where a transfer is indicated they shall be
provided by such a transfer.
—,i Selectmen' s Department
Personal Services $ 10,095.00
Expenses 3,)019.00
Printing Town Report 2,206.00
Elections 4,851.00
Insurance 46,000.00
8:07 P. M.
Town Clerk & Treasurer' s Department
Personal Services 8,985.00
Expenses 551.00
Elections 475.00
Vital Statistics 30.00
Parking Meter Maintenance 100.00
(This amount to be transferred
from the Parking Meter Fund)
Out of State Travel 250.00
8:08 P. M.
Collector' s Department
Personal Services 8,320.00
Expenses 2,895.00
Metered Mail System 5,641.00
8:09 P. M.
Trustees of Public Trusts
Expenses 325.00
8:09 P. M.
136
Article 4. Accounting Department
( Cont.)
Personal Services
Expenses 11,204.00
Out of State Travel 550.00
8:10 P. M. 100.00
Assessors' Department
Personal Services 17,003.85
Expenses
Out of State Travel 1,760.00
8:10 P. M. 100.00
Law Department _
Personal Services
000 00
Special Fees
s 4
F ,
.
B
5,000.00
Expenses
8:10 P. M. 2,500.00
Question by David F. Toomey regarding appropriations of the
Law Department. 8:08 P. M.
Question and suggestion by Vincent A. McCrossen as to the
method of presenting the remaining appropriations under
Article 4. 8:11 P. M.
Question by Woodrow W. Sayre if amendments could be made
after all the appropriations under Article 4 were presented.
The Moderator answered in the affirmative. 8:14 P. M.
Appropriation.: Committee
Expenses 1,670.00
8:13 P. M.
Board of Appeals
Expenses 1,990.00
8:13 P. M.
Board of Retirement
Accrued Liability 38,233.00
Military Service Fund 58.32
8:14 P. M.
Health Department
Personal Services 8,595.00
Expenses 8,650.00
Engineering 2,500.00
Animal Inspection 970.00
Rabies Clinic 743.00
8:16 P. M.
Veterans' Day
Expenses 150.00
8:16 P. M.
Memorial Day
Expenses
500.00
8:16 P. M.
Patriots' Day
Expenses 4,000.00
8:16 P. M.
Planning Board
Personal Services 9,594.00
Expenses 4,350.00
8:17 P. M.
Article 4. Recreation Committee
(Cont.) $ 11,022.00
Personal Services 1,022.00
Expenses
8:17 P. M.
Board of Registrars
Personal Services 3,522.00
Expenses 925.00
8:18 P. M.
Police Department
Personal Services 179,264.09
Expenses 16,995.00
Out of State Travel 25.00
Parking Meter Maintenance 4,000.00
(Of which $150 is to be transferred
from the Parking Meter Fund)
8:18 P. M.
Dog Officer
Personal Services 400.00
Expenses 650.00
8:18 P. M.
Fire Department
Personal Services 192,220.00
25,685.00
Expenses 500.00
Ambulance
8:19 P. M.
Forest Fires
Wages & Expenses 500.00
8:19 P. M.
Capital Expenditures Committee
Expenses 350.00
8:19 P. M.
Historic Districts Commission
700.00
Expenses 8:19 P. M.
Standing chool Building, Committee
Expenses 750.00
8:19 P. M.
Inspection Department
Personal Services 15,927.00
Expenses 1,745.00
of State Travel 100.00
8:19 P. M.
Wei hts & Measures
Personal Services 1,150.00
Expenses 545.00
8:20 P. M.
Public Works, Suptts. Office
Personal Services 29,640.00
Expenses 1,770.00
8:20 P. M.
138
Article 4, Engineering Department
rr
(Cont.)
Personal Services
$ 32,069.00 r)
Expenses
• 1,470.00
8:20 P. M.
Town Offices & Cary Memorial Bldz.
Personal Services
12,237.00
Expenses
31,514.00
8:20 P. M.
Public Works Building
Wages & Expenses
28,300.00
8:21 P. M.
Highway Maintenance
Wages & Expenses
76,150.00
8:21 P. M.
Highway Department - Road Machinery
Wages & Expenses
32,350.00
(Of which $24,175.00 is to be transferred
from the Road Machinery Fund)
8:21 P. M.
Snow Removal
Wages & Expenses
75,000.00
8:21 P. M.
Traffic Regulation & Control
Wages & Expenses 5,887.00
8:21 P. M.
Street Lights
Expenses
50,000.00
8:21 P. M.
Street Signs
Expenses
1,000.00
8:21 P. M.
Sewer Maintenance
Wages & Expenses
14,490.00
8:21 P. M.
Sewer Services
•
Wages & Expenses
42,500.00
8:21 P. M.
Garbage Collection
Expenses
21,225.75
• 8:21 P. M.
Care of Dumps & Removal of Ashes
Wages & Expenses
18,800.00
8:22 P. M.
Water Maintenance
Wages & Expenses 73,500.00
8:22 P. M.
Water Services
Wages & Expenses
40,125.00
8:22 P. M.
189
Article 4. Parks
(Cont.)
Wages & Expenses 48,500.00
Recreation Maintenance 4,200.00
8:22 P. M.
Insect Suppression
Wages & Expenses 8,000.00
8:22 P. M.
Shade Trees
Wages & Expenses 17,725.00
8:22 P. M.
Dutch Elm
Wages & Expenses 13,600.00
8:22 P. M.
School Operation
Personal Services 1,742,184.00
Expenses 414,163.00
Out of State Travel 1,475.00
Athletics 25,829.00
Americanization Classes 235.00
Vocational Education - Tuition 13,000.00
Handicraft Classes 8,536.00
8:23 P. M.
Dental Clinic
Personal Services 6,490.00
Expenses 766.00
8:23 P. M.
Posture Clinic
Personal Services 1,856.00
Expenses 300.00
8:23 P. M.
Cary Memorial Library
Personal Services 77,000.00
Expenses 25,10!7.00
(In addition to the amount of $2,753.00
received from the County for Dog Licenses)
Public Welfare
Personal Services 8,737.00
Administration 625.00
Aid & Expenses 12,500.00
8:23 P. M.
Disability Assistance
Aid & Expenses 13,760.00
8:23 P. M.
Aid to Dependent Children
Aid & Expenses 5,000.00
8:24 P. M.
Old Age Assistance
Aid & Expenses 94,000.00
8:24 P. M.
140
Article 4. Veterans' Benefits
(Cont.)
Personal Services $ 2,235.00
Administration 335.00
Aid & Expenses 9,000.00
Soldiers' Burials 250.00
8:24 P. M.
Cemetery Department _
Personal Services 4,365.00
Expenses 30,038.00
(Of which $2,000.00 is to be transferred
from the Perpetual Care Fund - Westview
Cemetery; and $1,500.00 is to be transferred
from the Perpetual Care Fund - Munroe Cemetery)
8:24 P. M.
Payments on Debt
Interest 226,704.25
(Of which $126,704.25 is to be transferred
from the Excess and Deficiency Account)
8:25 P. M.
Principal
(Of which $7,000.00 is to be transferred 704,000.00
from the Parking Meter Fund)
8:25 P. M.
Under Planning Board Expenses the following amendment
was offered by Norman J. Richards, Chairman of the App-
ropriation Committee:
"Appropriation Committee moves that Article 4 be amended
under that Section entitled Planning Board - Expenses -
To be amended to read $3,850.00."
Amendment voted on and declared lost by voice vote.
8:29 P. M.
Under Historic Districts Commission ss on ExP enses the
following amendment offered by Woodrow W. Sayre:
"That the sum of $700.00 recommended for the Historic
Districts Commission for 1959 be deleted,"
Vincent A. McCrossen makes motion to petition the State
Legislature to rescind the Historic Distrists Commission.
Harold E. Stevens, Town Counsel, rules motion out of
order.
Mr. Sayre's amendment was voted on and declared lost by
voice vote. . 8:46 P. M.
All items under Article 4 _being approved as read,
presented by the Moderator as a vote, voted on and carried
unanimously by voice vote. 8:46 P. M.
Article 5. VOTED: That the Town Treasurer, with the approval of the
Selectmen, be and hehereby is authorized to borrow money
from time to time in anticipation of the revenue of the
financial year beginning January 1, 1960, and to issue a
note or notes therefor payable within one year and to
renew any note or notes that may be given for a period of
less than one year in accordance with Section 17 of Chapter
44 of the General Laws.
Carried Unanimously 8:47 P. M.
1.41
Article 6. VOTED: To establish the salary and compensation of the
Town Treasurer Town Clerk and Town Collector of Taxes
at the following annual rates:
Town Clerk $3,500.00
Town Treasurer 3,500.00
Town Collector of Taxes 6,000.00
the increase over the rates established last year to
become effective April 1, 1959, and to raise and appropriate
therefor the sum of $12,950.00.
Carried Unanimously 8:48 P. M.
Article 7. Indefinitely postponed.
Carried Unanimously 8:50 P. M.
Article 8. Indefinitely postponed.
Carried Unanimously 8:50 P. M.
Article 9. VOTED: To appropriate $25,000.00 for the Reserve Fund and
to provide for the payment thereof by a transfer of
$13,000.00 from the Overlay Reserve Fund and the balance
of $12,000.00 to be raised in the current tax levy.
8:50 P. M.
Amendment presented by Paul K. Palmer as follows:
"Amended by adding the following sentence:
No part of this Reserve Fund may be used for the pay-
ment of expenses of the Historic Districts Commission or
for legal fees resulting from action of this Commission.
Amendment voted on and declared lost. 9:01 P. M.
Main motion, as presented, adopted. 9:01 P. M.
Article 10. VOTED: That the Board of Selectmen be authorized to
petition the Director of Accounts of the State for an
audit for the year 1959.
Carried Unanimously 9:01 P. M.
Article 11. VOTED: That the Selectmen be and they hereby are auth-
orized to install water mains not less than six inches
but less than sixteen inches in diameter in such accepted
or unaccepted streets or other land as the Selectmen may
determine, subjectto 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; and to appropriate for such
in-
stallation and land acquisition the sum of $59,800.00,
and to provide for payment thereof by the transfer of
$4,905.56 from the unexpended balance of the appropriation
for the installation of water mains voted under Article
13 of the Warrant for the 1956 Annual Town Meeting and the
transfer of $54,894.44 from Water Department Available
Surplus.
Carried Unanimously 9:03 P. M.
Article 12. VOTED: That the Selectmen be and they hereby are author-
ized to install a new or replacement water main of 16
inches or more in diameter from Massachusetts Avenue to
the new water standpipe in such locations as the Selectmen
may determine, and to take by eminent domain, purchase or
otherwise acquk'e any fee, easement or other interest in
land necessary therefor; and to appropriate for such in-
stallation and land acquisition the sum. of $42,000.00 and
to provide for payment thereof by transfer of $30,135.85
from Water Department Available Surplus, the transfer of
8;612.00from Water Assessment Fund, and the transfer of
$3,252.15 from the unexpended balance of the appropriation
for the installation of water mains voted under Article 10
of the Warrant for the 1953 Annual Town Meeting.
Carried Unanimously 9:05 P. M.
1
Article 13. VOTED: That the Selectmen be and they hereby are auth-
orized to install sewer mains, subject to the assessment
of betterments or otherwise, in such accepted or un-
accepted streets or other land as the Selectmen may
determine, in accordance with Chapter 501 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; and to appropriate
for such installation and land acquisition the sum of
$159,300.00 and- that payment be provided by the transfer
of 0I)1 ,956.00 from the Sewer Assessment Fund, the transfer
of $14,065.83 from the unexpended balance of the approp-
riation
for the installation of sewer mains voted der
er
Article 12 of the Warrant for the 1955 Annual Town Meet-
ing, the transfer of $50,278.17 from the Excess and
Deficiency Account, and the balance of $50,000.00 to be
provided-by the issue of bonds or notes of the Town; and
that the Treasurer, with the approval of the Selectmen,
be and he hereby is authorized to borrow the sum of
$50,000.00 and issue bonds or notes of the Town therefor,
to be payable in accordance with the provisions of
Chapter 11)1 of the General Laws, as amended, within a
period not exceeding twenty years.
Carried Unanimously 9:07 P. M.
Article 14. VOTED: That the Selectmen be and they hereby are author-
ized to install a sewer main or mains in such locations
as the Selectmen may determine from the westerly side of
the State Highway, Route 128, to the vicinity of Westview
Street, subject to the assessment 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; and to appropriate
for such installation and land acquisition the sum of
$300,000.00, and to provide for payment thereof by the
transfer of $50,000.00 from the Excess and Deficiency
Account, the raising of100,000.00 in the current tax
levy and- the balance of $150 ,000.00 to be provided by the
issue of bonds or notes of the Town; and that the Treas-
urer, with the approval of the Selectmen, be and he
hereby is authorized to borrow thesumof $150,000.00
and issue bonds or notes of the Town therefor, to be
payable in accordance with the provisions of Chapter 101
of the General Laws, as amended, within a period not
exceeding twenty years.
9:10 P. M.
Amendment presented by Austin W. Fisher, Jr. as follows:
nI move to amend the motion under Article 14 by striking
out beginning with the words - "and to provide for pay-
ment" through the end of the motion, and by substituting
in place thereof the following:
And to provide for payment thereof by the transfer of
$50,000.00 from the Excess and Deficiency Account, the
raising of $200,000.00 in the current tax levy and the
balance of $50,000.00 to be provided by the issue of bonds
or notes of. the Town; and that the Treasurer, with the
approval of the Selectmen, be and he hereby is authorized
to borrow the sum of $50,000.00 and issue bonds or notes
of the Town therefor, to be payable in accordance with
the provisions of Chapter )1)1 of the General Laws, as
amended, within a period not exceeding twenty years.
9:11 P. M.
Voice vote on amendment doubted. 9:21 P. M.
Article 14. Standing vote taken as follows: 143
(Cont.)
In Favor Tellers Opposed
16 Lee E. Tarbox 21
75 Milton F. Hodgdon 2634
�3 Haskell W. Reed
104 81
Amendment Adopted. 9:24 P. M.
Voice vote on main motion as amended not unanimous,
so standing vote taken as follows:
In Favor Tellers Opposed
28 Lee E. Tarbox 6
10
d don 2
g
28 MiltonF. Ho
Haskell W. Reed 8
160 - 16
Main motion, as amended, adopted. 9:25 P. M.
Article 15. VOTED: That the Selectmen be and they hereby are auth-
orhed to retain engineering services and prepare plans
for the extension westerly from the vicinity of Watertown
Street of the sewer main authorized to be constructed
by the vote adopted under Article 16 of the Warrant for
the 1958 Annual Town Meeting; and to raise and approp-
riate therefor the sum of $15,000.00.
Carried Unanimously 9:26 P. M.
Article 16. Indefinned.
itely
rriedoUnanimously .9:27 P. M.
Article 17. VOThD: That the sum of $11,010.24 be raised and
appropriated for pensions for retired members of the
Police Department, and their dependents, and that the
sum of $8,311.80 be raised and appropriated for pensions
for retired members of the Fire Department, and their
dependents, under Chapter 32 of the General Laws.
Carried Unanimously 9:28 P. M.
Article 18. VOTED: That the sum of $4,500.00 be raised and
appropriated for Chapter 90 highway maintenance.
Carried Unanimously 9:25 P. M.
Article 19. VOTED: That the sum of $36,000.00 be raised and
appropriated for the construction of part of Concord
Avenue under Chapter 90 highway construction.
9:29 P. M.
Amendment presented by Winfield S. Caouette as follows:
"I hereby move,
That Article 19 of the Town Warrant be amended by
inserting after the word "Laws" in the second line, the
following: ". ..provided, however, that so much of the
highway maintenance as relates to Concord Avenue from
Blossom Street to Waltham Street shall not result in a
widening of more than 28 feet of the paved or traveled
part of the way."
9:30 P. M.
Amendment as presented ruled out or order by the
Moderator, Charles E. Ferguson. 9:30 P. M. -
Main motion as presented carried unanimously 9:35 P. M.
Article 20. VOTED: That the sum of $36,500.00 be appropriated for
permanent construction of North Hancock Street and part
of Winchester Drive and that payment be provided by the
transfer of $13,651.29 from funds received from the State
under Chapter 718 of the Acts of 1956, and the balance
of $22,848.71 to be raised in the current tax levy.
Carried Unanimously 9:37 P. M.
144
Article 21. VOTED: That the Selectmen be and they hereby are auth-
orized to construct concrete, bituminous concrete or
other sidewalks, at such locations as they shall deter- r'
Nine, where the abutting owner pays one-half of the cost,
or otherwise, and to appropriate therefor the sum of
$15,000.00, and to provide for payment by transfer from
the Excess and Deficiency Account.
Carried Unanimously 9:38 P. M.
Article_.22. VOTED: That the Selectmen be and they hereby are auth-.
orized to install curbings at such locations as they may
determine, and to raise and appropriate therefor the sum
of $5,000.00.
Carried Unanimously 9:40 P. M.
Article 23. VOTED:
That the sum of $7,000.00 be raised and approp-
riated for the improvement of lowlands and swamps in
the eradication of mosquitoes, under Section 4A of
Chapter 252 of the General Laws.
Carried Unanimously 9:40 P. M.
Article 24. VOTED: That the Selectmen be and they hereby are auth-
- prized to install drains in such accepted or unaccepted
streets or other land as they may determine, in accord-
ance with Chapter 263 of the Acts of 1926, as amended,
or otherwise, 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, and to appropriate for such
installation and land acquisition the sum of $58,400.00
and to provide for payment by transfer of $28,400.00 from
the Excess and Deficiency Account and by raising the
balance of $30,000.00 in the current tax levy.
Carried Unanimously 9:43 P. M.
Article 25. VOTED: To appropriate the sum of $13,825.00 for the pur-
chase by or with the approval of the Selectmen of equip-
ment for the Department of Public Works and to provide
for payment thereof by transfer from the Road Machinery
Fund.
Carried Unanimously 9:44 P. M.
Article 26. VOTED: 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 Depart-
ment of Public Works when used on various projects carried
on under the direction of said Department or other De-
partments of the Town, the amount of said charge not to
exceed the amount allowed by the State for the use of
similar equipment.
Carried Unanimously 9:45 P. M.
Article 27. VOTED: That the Selectmen be and they hereby are auth-
orized to appoint one of their members to the Board of
Appeals in accordance with Section 4A of Chapter 41 of
the General Laws.
Carried Unanimously 9:45 P. M.
Article 28. VOTED: That the Selectmen be and they hereby are auth-
orized to install street lights in such unaccepted streets
as they may determine prior to the final adjournment of
the 1960 Annual Town Meeting.
Carried Unanimously 9:45 P. M.
Article 29. VOTED: That the Selectmen be and they hereby are auth-
orized to sell and convey at any time on or before March
15, 1960 the land on Meriam Street known as the Old Fire
Station o Site, upon p such terms and conditions as they
deem proper.
Carried Unanimously 9:46 P. M.
Article 30. Presented by Richard H. Soule. 145
Article 30. VOTED: That the Planning Board be and hereby is
authorized to obtain options for land or rights therein
that it desires to recommend be acquired by the Town as
locations for future streets or for. playground and
recreational purposes and that the Selectmen be and
hereby are authorized on behalf of the Town to acquire
by purchase, eminent domain or otherwise, such lands or
rights therein for such purposes as are or may be incl-
uded in options obtained by the Planning Board; and that
funds already appropriated for such options and land
acquisition be and hereby are made available for all the
purposes hereof.
Carried Unanimously 9:48 P. M.
Article 31. Presented by Harvey F. Winlock.
VOTED: That the sum of $2,000.00 be appropriated for
of Westview Cemetery development and that said sum
be provided by transfer from the Westview Cemetery Sale
of Lots Fund.
Carried Unanimously 9:49 P. M.
Article 32. VOTED: To raise and appropriate the sum of $2,500.00
for the purchase of a new car for the Fire Department
by the Board of Fire Commissioners.
Carried Unanimously 9:50 P. M.
Article 33. VOTED: That the Selectmen be and hereby are authorized
to abandon the easement across land abutting on lot 233
Freemont Street that was granted to the Town by deed of
Leeland Construction Co. , Inc. dated November 17, 1958 and
recorded in Middlesex South District Registry of Deeds,
Book 9273, Page 139; that the minimum amount to be paid
for such abandonment shall be 81.00; and that the in-
strument of abandonment shall be in such form as the
Selectmen, by the execution thereof, shall approve.
Carried Unanimously 9:51 P. M.
Article 34. Presented by Charles T. Abbott.
VOTED: That the action of the Board of Selectmen in
accepting on behalf of the Town from Raymond F. Boudreau
individually and as Trustee of Rayco Realty Trust a
deed dated January 5, 1959 and recorded in Middlesex
South District Registry of Deeds, Book 9302, Page 19,
conveying Lot 70 Garfield Street to the Town be and
hereby is ratified, confirmed and adopted.
Carried Unanimously 9:53 P. M.
Article 35. Presented by Charles T. Abbott.
VO'1'.1J: To ratify, confirm and adopt the action of the
Board of Selectmen in accepting on behalf of the Town a
deed from George J. DeVries conveying to the Town a
parcel of land situated on the northeasterly side of
Summer Street and abutting on land acquired from DeVries
Construction Company, Inc. for playground, recreEtional
and other public purposes, pursuant to the vote adopted
under Article 46 of the Warrant for the 1958 Annual Town
Meeting; said deed being dated February 28, 1959 and
having been registered in Middlesex South District Land
Registry as Document No. 340013.
Carried Unanimously 9:55 P. M.
Article 36. VOTED: To raise and appropriate the sum of $675.00 to
be used in conjunction with money appropriated under
Article 37 of the Warrant for the 1958 Annual Town
Meeting for the purchase of a new ambulance.
Declared Carried by voice vote. 10:03 P. M.
David F. Toomey doubts the vote. 10:04 P. M.
The Moderator asks if decision was doubted by 20 Town.
Meeting Members. There were not 20 members that doubted
the vote. 10:04 P. M.
Motion adopted. 10:04 P. M.
1 46
Article 37. VOTED: That the Selectmen be and hereby are authorizedZZ
to purchase the six voting machines now on loan to the
town, and. to raise and appropriate therefor the sum of
$10,200.00.
Carried Unanimously 10:05 P. M.
Article 38. Presented by Charles T. Abbott.
VOTED: That the Selectmen be and hereby are authorized
to purchase, take by eminent domain or otherwise acquire
for playground or recreational purposes any or all of the
undeveloped land abutting upon the Town land on North
Street acquired for such purposes pursuant to the vote
adopted under Article 13 of the Warrant for the Special
Town Meeting held on September 16, 1957, and including
land on both sides of Vine Brook southerly to East
Street, and to raise and appropriate therefor the sum
of $5,500.00.
Carried Unanimously 10:08 P. M.
Article 39. Presented by Levi G. Burnell.
VOTED: That the Selectmen be and hereby are authorized
to purchase, take by eminent domain, or otherwise acquire
for a future street location and other public purposes a
parcel of land situated on the southerly side of Marrett
Road and the northwesterly side of Bacon Street; and that
the sum of $3,500.00 be raised and appropriated therefor.
Robert M. Coquillette moves for indefinite postponement
which was declared lost by voice vote. 10:10 P. M.
Main motion as presented voted on by voice vote, but not
unanimous so standing vote taken as follows:
In Favor Tellers Opposed
33 Lee E. Tarbox 0
104 Milton F. Hodgdon 1
Haskell W. Reed 1
168 2
Main motion, as presented, adopted. 10:11 P. M.
Article 40. Presented by Donald T. Clarke.
VOTED: That the Standing School Building Committee,
appointed under authority of the vote adopted under
Article 37 of the warrant for the 1957 Annual Town Meet-
ing, be and hereby is authorized on behalf of the Town
to retain architectural services and prepare final plans
and specifications for the construction, original equip-
ping and furnishing of a new elementary school building
on the land situated between Grove Street and Robinson
Road acquired by the Town for school and playground
purposes in 1957, and, after approval of the plans and
specifications by the School Committee, to obtain bids
therefor; and to raise and appropriate therefor the sum
of $50,000.00.
Carried Unanimously 10:12 P. M.
Article 41. Presented by Gordon E. Steele.
VOTED: That the Selectmen be and hereby are authorized
to 'purchase, take by eminent domain or otherwise
acquire for school, playground and other public purposes
a parcel of land, which abuts on the Town land on
Lincoln Street now used in part as the site of the Town
dump, consisting of such parts of lots numbered 6 to 12
inclusive on plan hereinafter mentioned as are situated
northeasterly of a line substantially parallel to and
about 300 feet distant from the northeasterly sideline of
Middleby Road, said plan being entitled "Plan of Lots
owned by Neil McIntosh Lexington Mass." dated January
Article 41. 1945, Albert A. Miller, Civil Engineer, recorded in
( Cont.) Middlesex South District Registry of Deeds as Plan No.
236 of 1946, Book 6914.7, Page 202; and to appropriate
therefor the sum of 56,000.00 and provide for payment
by transfer from the Excess and Deficiency Account.
Voice vote not unanimous, so standing vote taken as
follows:
In Favor Tellers . Opposed
34 Lee E. Tarbox 0
106 Milton F. Hodgdon 2
27 Haskell W. Reed
167 5
Motion adopted 10:20 P. M.
Article 42. Presented by Gordon E. Steele.
VOTED: That the Selectmen be and hereby are authorized
to purchase, take by eminent domain or otherwise acquire
for school, playground and other public purposes a parcel
of land in East Lexington abutting the Lexington-
ArlIngton Town line and bounded northeasterly by the
rear lines of lots fronting on Aerial Street, the
southwesterly end of Sutherland Road and the side line
of a lot fronting on Sutherland Road; northwesterly by
the rear lines of lots fronting on Tarbell Avenue and on
Peacock Farm Road; southwesterly by land of the Common-
wealth of Massachusetts and southeasterly by the Lexington-
Arlington Town line, and to appropriate therefor the sum
of $50,000.00 and provide for payment by transfer from
the. Excess and Deficiency Account.
Voice vote not unanimous, so standing vote taken as
follows:
In Favor Tellers Opposed
33 Lee E. Tarbox 4
1011 Milton F. Hodgdon 1
28 Haskell W. Reed. 2
165 7
Motion adopted 10:27 P. M.
VOTED: That articles 43 to 51 inclusive be taken up
together.
Carried Unanimously 10:29 P. M.
Article 43, VOTJD: To establish as a town way, and accept the
layout of as a town way, Burnham Road from East Street
to Emerson-Road a distance of 832' * northerly as laid
out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 8, 1959, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or other
interest in land necessary therefor.
Carried Unanimously 10:29 P. M.
Charles T. Abbott states that Planning Board approves
all layouts. 10:29 P. M.
Article hh . VOTED: To establish as a town way, and accept the layout
of as a town way, � p C mton Circle from Peacock Farm Road
a distance of 325' - northwesterly as laid out by the
Selectmen and shown upon a plan on file in the office
of the Town Clerk, dated January 8, 1959 and to authorize
the Selectmen to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest
in land necessary therefor.
Carried Unanimously 10:29 P. M.
148
Article 45. VOTED: To establish as a town way, and accept -the layout
of as a town way, Emerson Road from Adams Street a distance
of 7891 - southeasterly as laid out by the Selectmen and
shown upon a plan on file in the office of the Town Clerk,
dated January 8, 1959 and to authorize the Selectmen to
take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor.
Carried Unanimously 10:30 P. M.
Article 46. VOTED: To establish as a town way and accept the layout
of as a town way, Grandview Avenue from School Street to
Welch Road a distance of 250' ±easterly as laid out by
the Selectmen and shown upon-a plan on file in the office
of the Town Clerk, dated January 8, 1959, and to auth-
orize the Selectmen to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest
in land necessary therefor.
Carried Unanimously 10:30 P. M.
Article 47. VOTED: To establish as a town way and accept the layout
of as a town way, Peacock Farm Road from Watertown Street
to Baker Avenue a distance of 3186' ±northerly and
easterly as laid out by the Selectmen and shown upon a
plan on file in the office of the Town Clerk, dated
January 8, 1959, and to authorize the Selectmen to take
by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary
therefor.
Carried Unanimously 10:31 P. M.
Article 48. VOTED: To establish as a town way and accept the layout
of as a town way, Welch Road from Grandview Avenue to
Estabrook Road a distance of 740' } easterly as laid out
by the Selectmen and shown upon a plan on file in the
office of the Town Clerk, dated January 8, 1959, and to
authorize the Selectmen to take by eminent domain, pur-
chase or otherwise acquire any fee, easement or other
interest in land necessary therefor.
Carried Unanimously 10:32 P. M.
-J
Article 49. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Linmoor Terrace from North Hancock
Street to Crawford Road a distance of 11481 northerly
and northwesterly as laid out by the Selectmen and shown
upon a planonfile in the office of the Town Clerk,
dated January 8, 1959, and to authorize the Selectmen to
take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor.
Carried Unanimously 10:32 P. M.
Article 50. VOTED: To establish as a town way, and accept the layout
of as a town way, Crawford Road from Preston Road to
Linmoor Terrace a distanced' 4531 ± southerly as laid
out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 8, 1959, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor.
Carried Unanimously 10:33 P. M.
Article 51. VOTED: To establish as a town way, and accept the layout
of as a town way, Laurel Street from Reed Street a dis-
tance of 100' ± northeasterly as laid out by the Sel-
ectmen and shown upon a plan on file in the office of the
Town Clerk, dated January 8, 1959, and to authorize the
Selectmen to take by eminent domain, purchase or other-
wise acquire any fee, easement or other interest in land
necessary therefor.
Carried Unanimously 10:34 P. M.
VOTED: To raise and appropriate the sum of $1,000.00 for
land acquisition and for construction of the ways
enumerated in articles 43 to 51 inclusive.
Carried Unanimously 10:35 P. M.
149
VOTED: That articles 52 to 57 inclusive be taken up
together.
Carried Unanimously 10:35 P. M.
Charles T. Abbott states that Planning Board approves
all layouts. 10:35 P. M.
Article 52. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Baker Avenue from Butler Avenue to
Peacock Farm Road a distance of 1232 ± southwesterly,
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 8, 1959, and to authorize the Sel-
__ ectmen to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in land
necessary therefor.
Carried Unanimously 10:36 P. M.
Article 53. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Cummings Avenue from Bow Street to
Cliffe Avenue a distance of 3002 t northwesterly, as
laid out by the Selectmen undertheBetterment Act, and
shown upon a plan on file in the office of the Town Clerk,
dated January 8, 1959, and to authorize the Selectmen to
take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor.
Carried Unanimously 10:37 P. M.
Article 54. VOTED: To establish as a town way, and accept, the lay-
out of as a town way, Homestead Street from Cedar Street
to Asbury Street a distance of 10832 ±__southwesterly, 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 8, 1959, and to authorize the Sel-
ectmen to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in land
necessary therefor.
Carried Unanimously 10:38 P. M.
Article 55. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Leighton Avenue from Bow Street to
Cliffe Avenue a distance of 2252 ± northwesterly, 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 8, 1959, and to authorize the Sel-
ectmen to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in land
necessary therefor.
Carried Unanimously 10:39 P. M.
Article 56. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Rangeway from Skyview Road to Winter
Street a distance of 2452 t northwesterly, 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 8, 1959, and to authorize the Selectmen to
take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor.
Carried Unanimously 10:40 P. M.
Article 57. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Webb Street from Dunham Street a
distance of 9751 - northerly, 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 8,
1959, and to authorize the Selectmen to take by eminent
domain, purchase or otherwise acquire any fee , easement
or other interest in land necessary therefor.
Carried Unanimously 10:40 P. M.
150
VOTED: To appropriate for land acquisition and for
construction of the was enumerated in Articles 52 to 57
inclusive,- the sum of $50,890.00, and to provide for
payment thereof by the transfer of
unexpended balance of the appropriation 9ffor 5street from tcon-
struction voted under Articles 47. through 62 of the
warrant for the 1956 Annual Town Meeting and the balance
of $46,099.05 to be transferred from the Excess and
Deficiency Account.
Carried Unanimously 10:41 P. M.
Article 58. VOTED: To establish as a town footway, a strip of land
from Essex Street northeasterly through Lot M and Boston
& Maine Railroad property to Valley Roada distance of
230' t as laid out by the Selectmen and shown upon a
plan on file in the officeofthe Town Clerk, dated
January 8, 1959, and to authorize the Selectmen to take
by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary there-
for; and to raise and appropriate for land acquisition
and for the- construction of said footway the sum of
$500.
Charles T. Abbott states that Planning Board approves
layout.
Main motion carried unanimously 10:42 P. M.
Article 59. VOTED: To accept the alterations and relocation of a
portion of Waltham Street from a point approximately
1400' - northerly of Marrett Road and extending northerly
850' -± as laid out by the Selectmen and shown upon a
plan on file in the office of the Town Clerk, dated
January 8, 1959, and to authorize the Selectmen to take
by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary there-
for; and to raise and appropriate for land acquisition
and relocation the sum of 8100.00.
Carried Unanimously 10:42 P. M.
Article 60. VOTED: That the Selectmen be and he
to release Lot 2 on Land Court lanNo. 25931B thefrm
authorized
restrictions set forth in a deed given by the o
Lexington to Benjamin H. Golini et ux, dated January
10, 1955 and recorded in Middlesex South District Reg-
istry of Deeds Book 8400, Page 284, the instrument of
release to be in such form as the Selectmen, by the
execution thereof, shall approve.
Carried Unanimously 10:)di P. M.
Article 61. Presented by Charles T. Abbott.
VOTED: To appropriate 85,000.00 subject to validation
by the General Court, to reimburse Mark Moore, Jr. as
Trustee of Moore Realty Trust, for the excess money ex-
pended by him in constructing a box culvert in Emerson
Road to a more than normal width, as required by the
Planning Board in its approval of his subdivision plan
entitled Burnham Farms Section Two Lexington-Mass." so
it would be of adequate size if the Town should decide
later to widen the pavement of the road to make it a
major traffic road, and to authorize and direct the
Selectmen to petition the General Court for such validat-
ing legislation; and to provide for payment by transfer
from the Excess and Deficiency Account.
Carried Unanimously 10:46 P. M.
It 51.
Article 62. Presented by Edward T. Martin.
VOTED: To amend the Zoning By-Law by adding at the end
of Section 4 (g) A 1-Garden Apartment and Hotel Districts,
the following new paragraph (5) :
A district on the southeasterly side of Maple Street
beginning at & point on the southeasterly side line of
said Street at the intersection of land of Robert Chapman
and the Town of Arlington, thence running southeasterly
by land of the Town of Arlington 743 .7 feet, more or less,
to a point; thence turning at an angle and running east-
erly by land of the Town of Arlington 367 feet, more or
less, to a point at a brook; thence turning at an angle
and continuing easterly by land of the Town of Arlington
307.7 feet, more or less, to a point at the intersection
of land of the Town of Arlington, land now or formerly of
Lexwood Poultry Farms, Inc. , and land now or formerly of
Harry D. Hull; thence turning at an angle and continuing
easterly by land now or formerly of Harry D. Hull 300
feet more or less to a point; thence turning at an angle
and running northerly by land of Lexwood Poultry Farms,
Inc. 130 feet more or less to a point; thence turning at
a right angle and running westerly by the land of said
Lexwood Poultry Farms, Inc., 580 feet more or less, to a
point at a brook; thence turning at an angle of 35 degrees
151 more or less and running northwesterly by land of
Paul Toed', Inc. , 935 feet more or less to a point on
the southeasterly side line of Maple Street; thence turning
at a right angle and running in a southwesterly direction
along the southeasterly side line of Maple Street 350
feet more or less to the point of beginning.
The above describes an area of land approximately 480,000
sq. feet, or 11 acres, more or less.
Charles T. Abbott moves that the Planning Board Report be accepted
and placed on file.
Motion adopted. 11:10 P. M.
Voice vote not unanimous on main motion so standing vote taken
as follows:
In Favor Tellers Opposed
37
Lee E. Tarbox 0
90 Milton F. Hodgdon 6
28 Roy E. Cook 3
155 9
Motion adopted 11:12 P. M.
Article 63. Indefinitely postponed.
Carried Unanimously 11:12 P. M.
All articles being dispensed with, Willi= E. Maloney, Chairman
of the Board of Selectmen, moves that meeting be dissolved.
So voted. 11:13 P. M.
- l
'own Clerk
15
G
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 62 AS PASSED AT THE- ANNUAL
TOWN MEETING HELD MARCH 16, 1959
Article 62 AS PASSED AT THE ANNUM, TOWN MEETING HELD MARCH 16, 1959 �J
Article 62. Presented by Edward T. Martin.
VOTED: To amend the Zoning By-Law by adding at the end
of Section 4 (g) A 1-Garden Apartment and Hotel Districts,
the following new paragraph (5) :
A district on the southeasterly side of Maple Street
beginning at a point on the southeasterly side line of
said Street at the intersection of land of Robert Chapman
and the Town of Arlington, thence running southeasterly
by land of the Town of Arlington 743.7 feet, more or
less, to a point; thence turning at an angle and
running easterly by land of the Town of Arlington 367
feet, more or less, to a point at a brook; thence turning
at an angle and continuing easterly by land of the Town
of Arlington 307.7 feet, more or less, to a point at the
intersection of land of the Town of Arlington, land now
or formerly of Lexwood Poultry Farms, Inc., and land now
or formerly of Harry D. Hull; thence turning at an angle
and continuing easterly by land now or formerly of
Harry D. Hull 300 feet more or less to a point; thence
turning at an angle and running northerly by land of
Lexwood Poultry Farms, Inc. 130 feet more or less to a
point; thence turning at a right angle and running
westerly by the land of said Lexwood Poultry Farms,
Inc., 580 feet more or less, to a point at a brook;
thence turning at an angle of 35 degrees 151 more or
less and running northwesterly by land of Paul Tocci,
Inc., 935 feet more or less to a point on the southeasterly
side line of Maple Street; thence turning at a right angle
and running in a southwesterly direction along the south-
easterly side line of Maple Street 350 feet more or less
to the point of beginning.
The above describes an area of land approximately
480,000 sq. feet, or 11 acres, more or less. -1
Charles T. Abbott moves that the Planning Board Report
be accepted and placed on file. Motion adopted.
Voice vote on main motion not unanimous, so standing vote taken
as follows:
In Favor Tellers Opposed
37 Lee E. Tarbox 0
90 Milton F. Hodgdon 6
28 Roy E. Cook
1379
Motion adopted 11:12 P. M.
/Signed/ James J. Carroll
Town Clerk
Lexington, Mass. , April 1, 1959
I, James J. Carroll, Town Clerk of the Town of Lexington, do
hereby certify the above to be a true and exact copy of Article 62
as passed at the Annual Town Meeting held March 16, 1959 and as same
appears on record.
/Signed/ James J. Carroll
Town Clerk
Boston, Mass. , April 6, 1959
The foregoing amendment to zoning by-law is hereby approved.
/Signed/ E. J. McCormack, Jr.
Attorney General