HomeMy WebLinkAbout1961-03-20 to 1961-03-27 ATM-min 2
ANNUAL TOWN MEETING HELD MARCH 20, 1961
Meeting called to order by James J. Carroll, Town Clerk, acting
as Moderator Pro-tem. 8:03 P. M.
There were 179 Town Meeting Members present.
James J. Carroll asked for nominations for a Moderator Pro-tem
for the meeting. 8:03 P. M.
Nomination made by Ruth Morey for Judge Joseph R. Cotton to
serve, duly seconded by Gardner C. Ferguson. 8:04 P. M.
Judge Joseph R. Cotton unanimously elected. 8:04 P. M.
Motion by Vernon C. Page, duly seconded, nominations be closed.
So voted. 8:05 P. M.
Joseph R. Cotton sworn as Moderator Pro-tem by Town Clerk, James
J. Carroll. 8:07 P. M.
Invocation offered by Rev. Harold T. Handley. 8:08 P. M.
,Town Clerk read the warrant for the meeting until further
reading waived. Constable' s Return read. 8:08 P. M.
Article 2. Appropriation Committee Report presented by J. Harper
Blaisdell, Jr. which was voted to be accepted and placed
on file. 8:08 P. M.
Donald P. Noyes presents Report of the Capital Expend-
itures Committee which was voted to accepted and placed
on file. 8:08 P. M.
Cary Lecture Committee Report presented by Paul H.
Poehler was voted to be accepted, placed on file and the
committee discharged. 8:10 P. M.
Unless otherwise noted, all articles presented by Ruth Morey,
Chairman, 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 8:10 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 pro-
vided by such a transfer.
The Moderatorstates he will read the items for the
various departments which can be discussed as the items
are read.
Selectmen' s Department
Personal Services (Provides for E. A.) $18,000.00
Expenses 3,000.00
Printing Town Report 2,155.00
Elections 4,650.00
Insurance 47,500.00
Group Insurance 43,000.00
8:13 P. M.
Town Clerk & Treasurer's Department
Personal Services 9,701.00
Expenses 1,000.00
Elections 450.00
Vital Statistics 100.00
Parking Meter Maintenance 100.00
(This amount to be transferred from
the Parking Meter Fund)
Out-of-State Travel 175.00
Foreclosure and Redemption of Tax Titles 50.00
8:15 P. M.
218
Article 4. Collector's Department
t717
( Cont. )
Personal Services $10,478.00
Expenses 3,375.00
Metered Mail Postage 5,250.00
8:15 P. M.
Trustees of Public Trust
Expenses 350.00
8:15 P. M.
Accounting Department
Personal Services 12,841.00
Expenses 1,200.00
Out-ofState Travel 250.00
8:16 P. M.
Assessors' Department
Personal Services 18,589.00
Expenses 1,550.00
Out-of-State Travel 100.00
8:16 P. M.
Law Department
Personal Services 4,000.00
Special Fees 5,000.00
Expenses . 3,000.00
8:17 P. M.
Amendment offered by David F. Toomey - total amount for
Law Department to read $7,000.00 made up as follows:
Personal Services 4,000.00
Special Fees 2,000.00
Expenses 1,000.00
Amendment voted on and declared lost by voice vote.
8:18 P. M.
Appropriation Committee
Expenses 2,500.00
8:18 P. M.
Board of Appeals
Personal Services 1,727.00
Expenses 2,285.00
8:18 P. M.
Board of Retirement
Accrued Liability 45,010.00
Expenses 350.00
8:18 P. M.
Health Department
Personal Services 9,347.00
Expenses 8,650.00
Engineering 2,500.00
Animal Inspection - Personal Services 970.00
Rabies Clinic - Expenses 800.00
8:19 P. M.
Dental Clinic
Personal Services 7,300.00
Expenses 800.00
8:19 P. M.
21 9
Article 4. Posture Clinic
( Cont. )
Personal Services $ 1,900.00
Expenses 300.00
8:19 P. M.
Veterans' Day
Expenses 200.00
8:19 P. M.
Memorial Day
Expenses 500.00
8:19 P. M.
I
Amendment offered by Bertram P. Gustin as follows:
ttI move under Article 4 that the 1961 Budget for Item 16 -
Town Celebrations Committee be $4,500.00 and the $500.00
increase be transferred from the E. & D.ft
Amendment voted on and declared lost by voice vote.
8:30 P. M.
Town Celebrations Committee
Expenses 8:30 P. M. 4,000.00
Planning Board -
Personal Services 11,876.00
Expenses 5,800.00
8:30 P. M.
Recreation Committee
Personal Services 13,885.00
Expenses 6,950.00
8:30 P. M.
Board of Regi-strars •
Personal Services 3,000.00
Expenses 900.00
8:30 P. M. •
Capital Expenditures Committee
Expenses 50.00
8:30 P. M.
Historic Districts Commission
Expenses 700.00
8:30 P. M.
Standing School Building Committee
Expenses 750.00
8:31 P. M.
Police Department
Personal Services 207,548.00
Expenses 19,885.00
Out-of-State Travel 60.00
Parking Meter Maintenance 150.00
(This amount to- be transferred
from the Parking Meter Fund)
8:31 P. _M.
220
Article 4. Dog Officer
( Cont. )
Personal Services $ 550.00
Expenses 650.00
8:31 P. M.
Fire Department
Personal Services 224,104.00
Expenses 32,220.00
Ambulance Maintenance 920.00
8:31 P. M.
Forest Fires
r
Wages & Expenses 500.00
8:31 P. M.
Civil Defense
Expenses 8,250.00
8:32 P. M.
Inspection Department
Personal Services 15,900.00
Expenses 2,420.00
Out-of-State Travel 125.00
8:34 P. M.
Weights & Measures
Personal Services 1,349.00
Expenses 545.00
8:34 P. M.
Public Works, Superintendent's Office
I I
Personal Services 38,316.00
Expenses 1,858.00
8:34 P. N.
__P.rip-ineerinr, Department
Personal Services 38,887.00
Expenses 1,950.00
8:34 P. M.
Town Offices and Cary Memorial Building
Personal Services 14,150.00
Expenses 32,000.00
8:34 P. N.
Rental Properties
Maintenance 1,000.00
8:34 P. M.
Public Works Building
Wages & Expenses 35,700.00
8:34 P. M.
Highway Maintenance
Wages & Expenses 92,000.00
8:34 P. M.
Highway Department - Road Machinery
Wages & Expenses 37,000.00
8:34 P. M.
221
Article 4. Snow Removal
(Cont.)
Wages & Expenses -$100,000.00
8:35 P. M.
Traffic Regulation and Control
Wages & Expenses _ _ 12,000.00
8:35 P. M.
Street Lights
Expenses 59,220.00
8:35 P. M.
Street Signs
Expenses 3,000.00
8:35 P. M.
Sewer Maintenance
Wages & Expenses 26,000.00
8:35 P. M.
Sewer Services -
Wages & Expenses 66,600.00
8:35 P• 14'
Garbage Collection
Expenses 38,150.00
8:35 P. N.
Care of Dump and Removal of Ashes
Wages & Expenses 29,300.00
8:35 P. N.
Water Maintenance
Wages & Expenses 76,000.00
8:35 P. M.
Water Services
Wages & Expenses 44,550.00
8:37 P. M.
Park Maintenance
Wages & Expenses 69,600.00
Recreation Maintenance 7,500.00
8:37 P. M.
Insect Suppression
Wages & Expenses 9,000.00
8:37 P. M.
Shade Tree
Wages & Expenses 22,000.00
8:37 P. M.
Dutch Elm Disease
Wages & Expenses 16,500.00
8:37 P. M.
222 .
Article 4. School Operation
(Cont.)
Personal Services2
$ ,593,180.00 Imo.
Expenses 541,107.00
Transportation 83,537.00
Out-of-State Travel 3,700.00
Athletics 36,835.00
Vocational Education - Tuition 16,275.00
Handicraft Classes 15,126.00
8:37 P. M.
Cary Memorial Library
Personal Services ' 93,900.00
Expenses 26,685.00
(In addition to the amount of $3,015.50
. received from the County for Dog Licenses)
8:37 P. M.
Public Welfare
Personal Services 9,240.00
Administration 625.00
Aid & Expenses ' 15,000.00
8:37 P. M.
Disability Assistance
Aid & Expenses - 10,590.00
8:37 P. M.
Aid to Dependent Children
Aid & Expenses - - -- 5,000.00
8:37 P. M.
Old Age Assistance
Aid & Expenses - 60,500.00
8:37 P. M.
Medical Assistance to the Aged _
Aid & Expenses 32,000.00
8:38 P. M.
Veterans! Services
Personal Services • 2,584.00
Administration 350.00
Aid & Expenses 9,000.00
Graves Registration300.00
Soldierst Burials 250.00
8:38 P. M.
Cemetery Department
Personal Services 4,778.00
Wages & Expenses 37,365.00
(Of which $4,000.00 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)
8:38 P. M.
Payment on Debt
Interest 282,000.00
Principal ?79,000.00
(Of which $7,000.00 is to be transferred
from the Parking Meter Fund)
8:38 P. M.
Main motion, as presented, carried unanimously 8:39 P. M.
Mrs. Morey asks to have Article 81 taken up next.
The Moderator states, if no objections from the Town Meeting
Members, Article 81 would be taken up. There were no objections.
8:39 P. M.
Article 81. RESOLUTION: That the Lexington Town Meeting recommends
Legislative action to establish a Metropolitan planning
-Presented agency, of which at least half of the members shall be
by selected by towns and cities in the area, and authorizes
William the Board of Selectmen and the Planning Board to rep-
Roger resent the Town in favor of such legislation.
Greeley
Said resolution voted to be accepted and duly recorded
at 8:45 P. M.
Article 5. VOTED: That the Town Treasurer, with the approval of
the Selectmen, be and he hereby is authorized to borrow
money from time to time in anticipation of the revenue
of the financial year beginning January 1, 1962, 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 8:53 P. M.
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 $3,850.00
Town Treasurer 3,850.00
Town Collector of Taxes 6,600.00
the increase over the rates established last year to
become effective April 1, 1961, and to raise and
appropriate therefor the sum of $14,116.00.
Carried Unanimously 8:54 P. M.
Article 7• VOTED: That this article be indefinitely postponed.
Carried Unanimously 8:54 P. M.
Article 8. VOTED: That this article be indefinitely postponed.
Carried Unanimously 8:54 P. M.
Article 9. VOTED: To appropriate $35,000.00 for the Reserve Fund
and to provide for the payment thereof by a transfer of
$7,243.00 from the Overlay Reserve Fund and by raising
the balance of $27,757.00 in the current tax levy.
Carried Unanimously 8:55 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 1961.
Carried Unanimously 8:55 P. M.
Article 11. VOTED: That the Selectmen be and they hereby are auth-
orized to join in the name and on behalf of the Town a
proposed league of Massachusetts municipalities and that
the sum of $500.00 be raised and appropriated for dues
and expenses in connection therewith.
Carried Unanimously 8:57 P. M.
Article 12. VOTED: That the sum of $13,073.00 be raised and app-
- ropriated for pensions for retired members of the Police
Department, and their dependents, and that the sum of
$16,546.00 be raised and appropriated for pensions for
retired members of the Fire Department, and their de- '
pendents, under Chapter 32 of the General Laws.
Carried Unanimously 8:58 P. M.
Article 13. VOTED: That the Selectmen be and they hereby are author-
ized 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 8:59 P. M.
Article 14. VOTED: That the Selectmen be and they hereby are author-
ized to sell and convey at any time on or before March
15, 1962 the land on Meriam Street known as the Old Fire
Station Site, upon such terms and conditions as they
deem proper.
Carried Unanimously 8:59 P. M.
Article 15. VOTED: That the Selectmen be and they hereby are author-
ized to purchase business machines and to appropriate
therefor the sum of $20,000.00 and to provide for payment
by transfer from theExcessand Deficiency Account.
Carried Unanimously 9 P. M.
Article 16. VOTED: That the Selectmen be and they hereby are auth-
orized to install water mains not less than six inches
but less than sixteen inchesdiameter in di meter 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; and to appropriate for such
installation and land acquisition the sum of $10,600.00,
and to provide for payment thereof by transfer from the
Water Department Available Surplus.
Carried Unanimously 9 P. M.
Article 17. 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 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
$334,100.00 and that payment be provided by the , transfer
of $56,900.00 from the Sewer Assessment Fund, the
transferof $257,200.00 from the Excess and Deficiency
Account and the balance of $20,000.00 to be transferred
from the unexpended balanceof the appropriation for the
installation of sewer mains voted under Article 14 of
the Warrant for the 1960 Annual Town Meeting.
Carried Unanimously 9:02 P. M.
Article 18. VOTED: That the Selectmen be and they hereby are auth-
orized to install a sewer main or mains in such locations
as the Selectmen may determine from the vicinity of
Justin Street to Burlington Street and also to the
vicinity of Turning Mill Road, subject to the assessment
of betterments or otherwise, in accordance with Chapter
504 of the Acts of 1897, and all acts in amendment there-
of and 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 $214.6,000.00, and to provide for
payment thereof by the transfer of $20,000.00 from the
Excess and Deficiency Account, by raising $101,000.00 in
the current tax levy and the balance of 12 5,000.00 to
be transferred from the unexpended balance of the
appropriation for the installation of a sewer main from
the westerly side of the State Highway, Route 128, to the
vicinity of Westview Street voted under Article 14 of
the Warrant for the 1959 Annual Town Meeting.
Carried Unanimously 9:03 P. M.
Article 19. VOTED:- That the Selectmen be and they hereby are auth-
orized to retain engineering services and prepare plans
for the installation of -a sewer main or mains from
Pleasant Street, near its intersection with Route 2, to
the vicinity of the Woodhaven area; and to raise and
appropriate therefor the sum of $20,000.00.
Carried Unanimously 9:03 P. M.
Article 20. VOTED: That the Selectmen be and they hereby are
authorized to retain engineering services to make a
study of the Town's sewerage system and its future needs;
and to raise and appropriate therefor the sum of
$10,000.00.
Carried Unanimously 9:04 P. M.
Article 21. VOTED: That this article be indefinitely postponed.
Carried Unanimously 9:04 P. M.
Article 22. VOTED: That the sum of $4,500.00 be raised and
appropriated for Chapter 90 highway maintenance.
Carried Unanimously 9:05 P. M.
Article 23. VOTED: That the sum of $47,400.00 be appropriated for
the construction of all or any part of Concord Avenue
and the resurfacing of all or any part of Winchester
Drive, or either of them, under Chapter 90 highway
construction and that payment be provided by the
transfer of 127,400.00 from the Excess and Deficiency
Account and the balance of $20,000.00 to be raised in
the current tax levy.
Carried Unanimously 9:14 P. M.
Article 24. VOTED: That this article be indefinitely postponed.
Carried Unanimously 9:15 P. M.
Article 25. VOTED: To appropriate the sum of $330,000.00 for the
original construction of Worthen Road from Massachusetts
Avenue to Waltham Street, heretofore established as a
town way, of which $20,000.00 is to be raised in the
current tax levy and the balance of $310,000.00 is to
be provided by the issue of bonds or notes of the Town;
and that the Treasurer, with the approval of the Sel-
ectmen, be and he hereby is authorized to borrow the sum
of $310,000.00 and to issue bonds or notes of the Town
therefor, to be payable in accordance with the prov-
isions of Chapter of the General Laws, as amended,
within a period not exceeding ten years.
Slides shown. 5 Minute Recess. 9:35 P. M.
Thomas Gibian moves for indefinite postponement.
Indefinite postponement lost by voice vote. 9:55 P. M.
Standing vote taken as follows:
In Favor Tellers Opposed
28 Gordon E. Steele 5
79 Milton F. Hodgdon �3
22 Ralph H. Tucker 9
129 37
Carried 10:18 P. M.
Article 26. VOTED: That the Selectmen be and they hereby are auth-
orized to settle the claim against the Town by Alice P.
Hagerty for damages arising out of the taking by eminent
domain for the establishment and construction of Worthen
Road of the land and buildings thereon situated at 6
Lincoln Street, Lexington, and to raise and appropriate
therefor the sum of 523,500.00 which sum is to be used
in addition to and in conjunction with the money approp-
riated in the vote adopted under Article 2 of the warrant
for the Special Town Meeting held on November 28, 1960.
Carried Unanimously 10:20 P. M.
226
Article 27. VOTED: That the Selectmen be and hereby are authorized
in the name and on behalf of the Town to convey to the
Josiah Willard Hayden Recreation Centre, Inc. , a7
Massachusetts charitable corporation, two parcels of
land, which abut upon land of said corporation, sub-
stantially as shown and marked parcels A and B on plan
entitled "Plan of Land Lexington, Mass." dated February
8, 1961, John J. Carroll, Town Engineer, a copy of which
plan is on file in the office of the Town Engineer, such
conveyance to be in consideration of the conveyance by
said corporation to the Town of six parcels of land sub-
stantially as shown and .;marked parcels C, D, E, F, G and
H on said plan, and the release by said corporation to
the Town of all claims for damages arising from the taking
by the Town of rights and easements in connection with
the establishment as a town way of Worthen Road from
Massachusetts Avenue to Waltham Street, said taking
having been made by orderof the Board of Selectmen
dated December 19, 1960 and recorded in Middlesex South
District Registry of Deeds, Book 9740, Page 554.
Carried Unanimously 10:21 P. M.
Article 28. 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
determine, where the abutting owner pays one half of the
cost, or otherwise, and to appropriate therefor the sum
of $50,000.00, and to provide for payment by transfer
from the Excess and Deficiency Account.
Carried Unanimously 10:22 P. M.
Article 29. 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 10:22 P. M.
Article 30. VOTED: That the sum of $7,000.00 be raised and
appropriated for the improvement of lowlands and swamps
in theeradicationof mosquitoes, under Section 4 A of
Chapter 252 of the General Laws.
Carried Unanimously 10:23 P. M.
Article 31. VOTED: That the Selectmen be and they hereby are auth-
orized to install drains in such accepted or unaccepted
streets or other land as they may determine, in accordance
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
554,000.00 and to provide for payment by transfer from
the Excess and Deficiency Account.
Carried Unanimously 10:24 P. M.
Article 32. VOTED: To appropriate the sum of $42,100.00 for the
purchase by or with the approval of the Selectmen of
equipment for the Department of Public Works and to
provide for payment thereof by transfer from the Road
Machinery Fund.
Carried Unanimously 10:25 P. M.
Norman T. May moves that meeting be adjourned to Monday, March
27,. 1961 at 8 P. M.
Lost by voice vote. 10:25 P. M.
Article 33. 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 Department of
Public Works when used on various projects carried on
under the direction of said Department or other Departments
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 10:27 P. M.
22
Article 34. VOTED: That the Selectmen be and they hereby are
authorized to construct an off-street parking area on
all or any part of the land situated on Meriam Street
and abutting the Boston & Maine Railroad that was
acquired for an off-street parking area in 1960 and to
raise and .appropriate therefor the sum of $14,000.00.
Carried Unanimously 10:28 P. M.-
Article 35. VOTED: To establish as a town way and accept the
layout of as a town way, Station- Way from Edison Way
northeasterly to the municipal parking area, as laid out
by the Selectmen and shown upon a plan on file in the
office of the Town Clerk, dated January 19, 1961, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor; and to raise
and appropriate for land acquisition and construction
the sum of $12,500.00.
Richard H. Soule presents Planning Board Report covering
Article 35 which was accepted and placed on file.
10:30 P. M.
Amendment offered by Allan Green. 10:35 P. M.
James F. Flynn moves for indefinite postponement.
10:35 P. M.
Amendment offered by Mr. Green voted on and delcared
lost by voice vote. 10:39 P. M.
Indefinite postponement voted on and declared .carried
by voice vote. 10:40 P. M.
Alfred P. Tropeano moves for reconsideration of
indefinite postponement of Article 35. 10:40 P. M.
Mr. Tropeano asks to have Article 35 laid on the table.
Reconsideration lost. 10:41 P. M.
Ruth Morey moves that meeting be adjourned until Monday, March
27, 1961 at 8 P. M.
Carried Unanimously 10:1!2 P. M.
111
'//
`''own Clerk
2 ' 8
ADJOURNED TOWN MEETING HELD MARCH 27, 1961
Meeting called to order by the Moderator Pro-tem, Judge Joseph
R. Cotton at 8:03 P. M.
There were 174 Town Meeting Members present.
Invocation offered by Rev. Landon Lindsay at 8:03 P. M.
Article 2. Report of Standing School Building Committee presented by
Austin W. Fisher, Jr. which was voted to be received and
placed on file. 8:04 P. M.
Article 36. Presented by Ruth Morey.
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 1962 Annual Town Meeting.
Carried Unanimously 8:04. P. M.
Article 37. VOTED: That the Selectmen be and they hereby are auth-
orized to purchase, take by eminent domain or otherwise
Presented acquire the rights and easements to erect and maintain
by poles and wires in Jean Road and Morgan Road from the
Ruth intersection of those roads to land of the Town abutting
Morey - on Morgan Road for the purpose of bringing electric power
and communication wires to the civil defense radio trans-
mitter situated on said Town land, and to raise and app-
ropriate the sum of S100.00 for such acquisition.
Carried. Unanimously 8:05 P. M.
Article 38. Presented by Ruth Morey.
VOTED; That the Selectmen be and they hereby are auth-
orized to abandon such part of the easement for all
public purposes in Lot A on plan entitled Plan of Land
Lexington, Mass." dated December 19, 1960, John J.
Carroll, Town Engineer, recorded in Middlesex South Dist-
rict Registry of Deeds as Plan No. 312 of 1961, a copy of
which is on_ file in the office of the Town Engineer, as
is no longer required by the Town, said easement haying
been granted to the Town by Newton V. Crandall and
Josephine P. Crandall by instrument dated. February 7,
1949 and recorded in said Deeds, Book 74.10, Page 203;
that the minimum amount to be paid for such abandonment
shall be $1.00; and that the instrument of abandonment
shall be in such form as the Selectmen, by the execution
thereof, shall approve.
Carried Unanimously 8:07 P. M.
Article 39. Presented by Ruth Morey.
VOTED: That this article be indefinitely postponed.
Carried Unanimously 8:07 P. M.
Article 40. Presented by Robert E. Meyer.
VOTED: That the Planning Board be and hereby is author-
ized_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 auth-
orized 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 included in options
obtained by the Planning Board; and to raise and app-
ropriate therefor the sum of $3,000.00 to be used in
conjunction with and in addition to funds already app-
ropriated for such options and land acquisition.
Voice vote not unanimous so standing vote taken as follows:
C 9O
Article 40. In Favor Tellers Opposed
( Cont.)
23 Donald P. Noyes 3
83 (James C. Shaw ) 0
29 (Donald J. Shaw)
Gordon E. Steele 1
135 4
Carried 8:12 P. M.
Article 41. Presented by Harvey F. Winlock.
VOTED: That the sum of $4,000.00 be appropriated
for the development of Westview Cemetery and that said
sum be provided by transfer from the Westview Cemetery
Sale of Lots Fund.
Carried Unanimously 8:12 P. M.
Article 42. Presented by William I. Burnham.
VOTED: That the Board of Assessors be and hereby is
authorized to contract for an expert appraisal of the
taxable real estate in the Town at a total sum not to
exceed $81,500.00, with payment to be extended over a
three-year period, and to appropriate therefor the sum
of $30,000.00 and provide for payment by transfer from
the, Excess and Deficiency Account.
Permission granted Edward B. Cass to address ' the
meeting. No objections. 8:12 P. M.
Slides shown by Mr. Cass. 8:32 P. M.
Norman J. Richards speaks for the majority of the Board
of Selectmen who are opposed to the re-valuation.
Mr. Richards moves that this article be indefinitely
postponed. 8:37 P. M.
Indefinite Postponement voted on and declared lost by
voice vote. 8:52 P. M.
Lincoln P. Cole, Jr. speaks for the_ minority of the
Board of Selectmen who are in favor of the re-valuation.
A representative of an appraisal company gives explana-
tions.
Voice vote on main motion as presented doubted, so
standing vote taken as follows:
In Favor Tellers Opposed
17 Donald P. Noyes 17
63 (James C. Shaw ) 34
(Donald J. Shaw)
_ Gordon E. Steele 10
103 61
Carried 9:04 P. M.
Article 43. Presented by J. Harper Blaisdell, Jr.
VOTED: To appropriate to the Stabilization Fund,
established under Section 5 B of Chapter 40 of the
General Laws, as amended, and created by vote adopted
under Article 49 of the 1960 Annual Town Meeting, the sum
of $55,000.00 and that payment be provided by the
transfer of $50,000.00 from the Excess and Deficiency
Account, and by raising the balance of $5,000.00 in the
current tax levy.
Carried Unanimously 9:06 P. M.
Article 44. Presented by Austin W. Fisher, Jr. Z-1
VOTED: To raise and appropriate as a supplementary
appropriation' the sum of $17,000.00for the expenses of
the Standing School Building Committee in preparing
preliminary plans, specifications and cost estimates for
the construction of a new secondary school building on
land in the vicinity of the senior high school, said
supplementary appropriation to be used in addition to
and in conjunction with the sum of $10,000.00- appropriated
in the vote adopted under Article 4. of the Warrant for the
Special Town Meeting held on November 28, 1960.
Carried 9:25 P. M.
Article 45. Presented by Donald T. Clarke.
VOTED: That the Standing School Building Committee be
and hereby is authorized on behalf of- the Town to
retain professional services and prepare preliminary
plans, specifications and cost estimates for the
construction of a new elementary school building on the
parcel of land situated on the southwesterly side of
Middleby Road that was acquired for school and other
public purposes in 1958; and that the sum of $15,000.00
be appropriated therefor and be raised in the current
tax levy. -
Carried 9:27 P. M.
Article 46. Presented by Ruth Morey.
VOTED: -That this article ,be indefinitely postponed.
Carried Unanimously 9:28 P. M.
Article 47. Presented by Ruth Morey.
VOTED: To amend the General By-Laws by adding thereto a
new article to read' as follows:
ARTICLE XXXI GAS INSPECTOR
Section 1. The Board of Selectmen shall appoint annually
- in April an inspector of- gas piping and gas appliances
in buildings to be known- as the Gas Inspector, who shall
hold office for a term expiring on the thirtieth day of
April in the following calendar year and until his
• successor is appointed and qualified. His compensation
shall be established by the Board of Selectmen. He shall
have had at least ten years -of practical experience in
gas fitting. The duties of the Gas Inspector shall be
the enforcement of the rules and regulations adopted
by the Board established under Section 12H of Chapter 25
of the General-Laws, and any acts in amendment thereof
and in addition thereto. The Gas Inspector may, so far
as is necessary for the performance of his duties, enter
any building within the Town at any reasonable hour.
Section 2. .The Board of Selectmen may at any time appoint,
for such terms as they may determine, one or more assist-
ant gas inspectors to act in the absence or disability
of the Gas Inspector and, while so acting, each of them
shall have and may exercise all of the powers and duties
of the Gas Inspector. Assistant gas inspectors shall have
the same qualifications as hereinabove set forth for the
Gas Inspector.
The Gas Inspector shall not be interested in any building
_contract in the Town or have any interest in the furn-
ishing of materials for any building therein; provided
however, that he may, with the written approval of the
Selectmen, have such interest if he wholly refrains from
acting as- Gas Inspector in the particular case. In each
such case, the Board of Selectmen shall designate an
assistant gas inspector or shall appoint a disinterested
.4101
Article 47. substitute gas inspector to act therein, with, all the
( Cont. ) powers and duties of the Gas Inspector; and the com-
pensation paid to such assistant or substitute in such
case shall be deducted from the salary of the Gas
Inspector.
Carried Unanimously 9:32 P. M.
Article 48. Presented by Richard H. Soule.
VOTED: To amend Section 14, Board of Appeals, of the
Zoning By-Law by striking out. the word "five" in the
second sentence in the first paragraph and inserting in
place thereof the word "six" so that said paragraph will
read as follows:
The Selectmen shall also appoint six associate members
of the Board of Appeals, and in the case of a vacancy,
absence, inability to act or interest on the part of
a member of said Board, his place may be taken by an
associate member designated as provided in General
'Laws, Chapter 40 A, Section 14, and any amendments
thereto.
• 9:34 P. M.
Mr. Soule reads the report of the Planning Board on
this article which was accepted and placed on file.
9:34 P. M.
Carried Unanimously 9:35 P. M.
Article 49. Presented by Richard H. Soule.
VOTED: To amend the Zoning By-Law so as to change
certain land from an A 1 - Garden apartment and hotel
district to an R 1 - One family dwelling district by
adding at the end of paragraph numbered 4 in Section 4
(g) A 1 - Garden apartment and hotel districts, the
following:
• There is excepted from the foregoing, however, the
land situated northerly of Worthen Road as shown on
. plan entitled "Vine Brook Meadows Section Two Lex-
ington, Mass." _dated. June 12, 1960, Albert A. Miller-
Wilbur C. Nylander, Civil Engineers and Surveyors,
recorded in Middlesex South District Registry of
Deeds as Plan No. 209 of 1961, Book 9762, Page 142
and filed in the Land Registration Office as Plan
No. 27677 D.'
9:36 P. M.
Mr. Soule reads report of the Planning Board on this
article which was accepted and placed on file.
9:36 P. M.
Carried Unanimously 9:46 P. M.
Article 50. Presented by Richard H. Soule.
MOTION: To amend the Zoning By-Law so as to change
certain land from an M 1 - Light manufacturing district
. to a C 3 - Special commercial district, as follows:
1. By striking out paragraphs numbered 1 and 2 in
Section 4 (2) M 1 - Light..manufacturing districts; and
2. By adding in Section 4 (h) C 3 - Special commer-
cial districts the following two paragraphs:
3. A district 1,200 feet wide on the northeasterly
side of the railroad right of way extending from
`,the northwesterly line of the Northern Circum-
ferential Highway-- (Route 128) to- the southeasterly
line of Westview Street.
4. A district 2,440 feet wide on the southwesterly
side of the railroad right of way extending from the
232
Article 50. northwesterly line of the Northern Circumferential
( Cont.) Highway (Route 128) to the southerly line of Westview F
Street and the Lexington-Bedford town line.
Richard H. Soule reads report of the Planning Board, accepted, placed
on file. Charles H. Cole 2nd moves for indefinite
postponement.
9:58 P. M.
Voice voteon indefinite postponement doubted so
standing vote taken as follows:
In Favor Tellers Opposed
18 Donald P. Noyes 13
36 (James C. Shaw ) 53
(Donald J. Shaw)
11 Gordon E. Steele 20
65 86
Indefinite postponement declared lost. 10:28 P.M.
Standing vote on main motion as follows:
In Favor Tellers Opposed
1L. Donald P. Noyes 17
58 -(Jaynes C. Shaw ) 35
(Donald J. Shaw0
19 Gordon E. Steele
91 66
Not a two-thirds vote. Declared Lost 10:32 P. M.
Raymond J. Culler moves that meeting be adjourned to Monday,
April 3, 1961 at 8 P. M. 10:32 P. M.
Ruth Morey states that if meeting be adjourned, it would be
better to adjourn until Thursday, March 30, 1961, so that all
business would be finished in the month of March.
Moderator Pro-tem, Cotton, declares a recess for five minutes.
10:39 'P. M.
Meeting called to order again.
Article 51. Presented by Richard H. Soule.
VOTED: To amend the Zoning By-Law so as to increase the
minimum parking requirements in_ C 1 - Local business
districts by striking out subparagraph b in Section 8
(b) C 1 districts, and inserting in place thereof the
following:
b. For each permitted principal and accessory building,
other than principal buildings permitted in an R 1 or
R 2 district, a parking area on the lot containing not
less than one parking space, as hereinafter defined, for
each 100 square feet or fraction thereof of floor area in
said buildings. Aa 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
passageways or driveways. Loading areas shall not be
considered to be part of the parking area. 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 cellar or
basement areas used only for storage or services incidental
to the operation or maintenance of the'building.
10:43 P. M.
283
Article 51. Richard H. Soule reads Planning Board Report covering
(Cont. ) this article which was accepted and placed on file.
10:43 P. M.
Alfred P. Tropeano makes the following amendment:
Moved to amend the said Vote by striking "b" paragraph
and substituting in lieu thereof the following:-
(b) For each permitted principal and accessory building,
other than principal buildings permitted in an R1 or
R2 District, a parking area on the lot containing not
less than one parking space, as hereinafter defined, for
each 100 square feet or fraction thereof of floor area
in said buildings. As used herein the term "Parking
Space" shall mean an area available for parking one
motor vehicle and having a width of not less then
81 6" and a depth of not less than 18t and an area of
not less than 153 square feet, exclusive of passageways
and said passageways shall if the parking is at 90°
angle be not less than 241 in width; and if the parking
is at 60° angle, aassageway of not less than 181 ; and
if parking is at 45`$ angle, a passageway of not less
than 121 . Said passageways to be exclusive of driveways
appurtenant thereto and with free and unimpeded access
to a street over unobstructed passageways or driveways.
Loading areas shall not be considered to be part of the
parking area. The term "Floor Arsam as used herein,
for buildings shall mean the aggregate horizontal area
in square feet of floor within the wa37s enclosing the
building, exclusive ofcellar or basement areas.
10:45 P. M.
Further amendment was made by Mr. Tropeano to his
original amendment reading as follows: (to be added
at the end of the paragraph)
"used only for storage or services incidental to the
operation or maintenance of the building."
The amendment to Mr. Tropeanots first amendment was
carried by voice vote. 10:55 P. M.
Mr. Tropeanots original amendment, as amended, was
declared lost by voice vote. 10:55 P. M.
Standing vote taken on main motion as presented:
In Favor Tellers Opposed
28 Donald P. Noyes 0
81 (James C. Shaw ) 1
(Donald J. Shaw)
26 Gordon E. Steele 1
135 1
Carried 10:58 P. M.
Norman T. May moves for reconsideration of Article 50. 10:59 P.M.
Reconsideration declared lost by voice vote. 10:59 P. M.
Article 52. Presented by Ruth Morey.
VOTED: To raise and appropriate the sum of $11,300.00
for the construction of portions of Diana Lane and
Emerson Road, heretofore established as town ways.
Carried Unanimously 11 P. M.
Presented by Lincoln P. Cole, Jr.
VOTED: That articles 53 to 65 inclusive and articles 68
to 71 inclusive betakenup together.
Carried Unanimously 11 P. M.
Richard H. Soule reads report of the Planning Board
covering Articles 53 to 65 inclusive and articles 68
to 71 Inclusive which was received and placed on file.
11:01 P. M.
234
Article 53. VOTED: To establish as a town way; and accept the layout
of as a town way, Hathaway Road from Adams Street a distance
of 2504 feet, more or less, northerly as laid out by the
Selectmen and shown upon a plan on file in the office of
the Town Clerk, dated January 19, 1961, 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 11:01 P. M.
Article 54. VOTED: To establish as a town way, and accept the layout
of as a town way, Brent Road from Hathaway Road a distance
of 595 feet, more or less, northeasterly as laid out by
the Selectmen and shown upon a plan on file in the office
of the Town Clerk, dated January 19, 1961, 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 11:01 P. M.
Article 55. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Sedge Road from Hathaway Road a
distance of 295 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 19, 1961, 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 11:02 P. M.
Article 56. VOTED: To establish as atown way, and accept the lay-
out of as a town way, Blueberry Lane from Tyler Road to
Tyler Road a distance of2143feet, 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 19, 1961, 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.
Carried Unanimously 11:03 P. M.
Article 57. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Baskin Road from Worthen Road a
distance of 2120 'feet, more or less, northerly and
westerly as laid out by the Selectmen and shown upon a
plan on file in the office of the Town Clerk, dated
January 19, 1961, 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 11:03 P. M.
Article 58. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Loring Road from Baskin Road a
distance of 1152 feet, more or less, southerly as laid
out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 19, 1961, 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 11:04 P. M.
Article 59. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Outlook Drive from Loring Road a
distance of 352 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 19, 1961, 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 11:05 P. M.
Article 60. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Ledgelawn Avenue from Revere
Street to previously accepted section a distance of
796 feet, more or less, northerly as laid out by the
Selectmen and shown upon a plan on file in the office of
the Town Clerk, dated January 19, 1961, 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 11:05 P. M.
Article 61. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Liberty Avenue from Revere Street
to previously accepted section a distance of 880 feet,
more or less, northwesterly as laid out by the Selectmen
and shown upon a plan on file in the office of the Town
Clerk, dated January 19, 1961, 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 11:06 P. M.
Article 62. VOTED: To establish, as a town way, and accept the lay-
out of as a town way, Hartwell Avenue from Wood Street
to Bedford Street a distance of 6675 feet, more or less,
northeasterly as laid out by the Selectmen and shown upon
a plan on file in the office of the Town Clerk, dated
January 19, 1961, 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 11:06 P. M.
Article 63. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Hinchey Road from Hartwal Avenue
a distance of 600 feet, more or less, southeasterly as
laid out by the Selectmen and shown upon a plan on file
in the office of the Town Clerk, dated January 19, 1961,
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 11:07 P. M.
Article 6L.. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Westview Street from Hartwell
Avenue to the previously accepted part of Westview
Street a distance of 383 feet, more or less, northwesterly
as laid out by the Selectmen and shown upon a plan on
file in the office of the Town Clerk, dated January 19,
1961, 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 11:08 P. M.
Article 65. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Maguire Road from Hartwell Avenue
to the Bedford Town Line a distance of 1535 feet, more
or less, northwesterly as laid out by the Selectmen and
shown upon a plan on file in the office of the Town Clerk,
dated January 19, 1961, 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 11:08 P. M.
Article 68. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Gould Road from Dewey Road to
Turning Mill Road a distance of 512 feet, more or less,
northerly as laid out by the Selectmen and shown upon a
plan on file in the office of the Town Clerk, dated
January 19, 1961, 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 11:09 P. M.
236
Article 69. VOTED: To establish as a town way, and accept the lay- L711
out of as a town way, Deuar Road from Turning Mill Road (-1
to previously acceptedsection a distance of 493 feet,
more or less, southwesterly as laid out by the Selectmen
and shown upon a plan on file in the office of the Town
Clerk, dated January 19, 1961, 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 11:09 P. M.
Article 70. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Turning Mill Road from Gould Road
a distance of 3032 feet, more or less, northeasterly as
laid out by the Selectmen and shown upon a plan on file I I
in the office of the Town Clerk, dated January 19, 1961,
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 11:09 P. M.
Article 71. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Grimes Road from Turning Mill Road
a distance of 330 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 19, 1961, 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 11:09 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 53 to 65 inclusive, and in
articles 68 to 71 inclusive.
Carried Unanimously 11:10 P. M.
Article 66. VOTED: That this article be indefinitely postponed.
Carried Unanimously 11:10 P. M.
Article 67. VOTED: That this article be indefinitely postponed.
Carried Unanimously 11:10 P. M.
Presented VOTED: That articles 72 to 80 inclusive be taken up
by together.
Lincoln P. Carried Unanimously 11:11 P. M.
Cole, Jr.
Richard H. Soule reads Report of the Planning Board
covering. Articles 72 to 80 inclusive which was accepted
and placed on file. 11:11 P. II.
Article 72. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Balfour Street from Asbury Street
to Cedar Street a distance of 960 feet, more or less,
easterly, as laid out by the Selectmen under the Better-
ment Act and shown upon a plan on file in the office of
the Town Clerk, dated January 19, 1961, 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 11:11 P. M.
Article 73. VOTED: To establish as a town way, and accept the lay-
out of as a 'town way, Hamblen Street from Bellflower
Street to Cedar Street a distance of 610 feet, more or
less, northeasterly, 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 19, 1961, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or other
interest in necessary therefor.
Carried Unanimously 11:12 P. M.
297
Article 74. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Young Street from Webb Street to
Third Street a distance of 850 feet, more or less,
easterly, as laid out by the Selectmen under the Better-
ment Act and shown upon a plan on file in the office of
the Town Clerk, dated January 19, 1961, 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 11:12 P. M.
Article 75. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Rawson Avenue from Albemarle
Avenue to beyond Rindge Avenue a distance of 524 feet,
more or less, easterly, as laid out by the Selectmen
under the Betterment Act and shown upon a plan on file
in the office of the Town Clerk, dated January 19,
1961, 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 11:12 P. M.
Article 76. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Tucker Avenue from Baker Avenue to
Chase Avenue a distance of 160 feet, more, or less, south-
easterly, as laid out by the Selectmen under the Better-
mdnt Act and shown upon a plan on file in the office of
:the Town Clerk, dated January 19, 1961, and to author-
ize the Selectmen to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in
land necessary therefor.
Carried Unanimously 11:13 P. M.
Article 77. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Oxford Street from Theresa Avenue
a distance of 270 feet, more or less, southerly, 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 19, 1961, 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 11:14 P. M.
Article 78. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Tarbell Avenue from Taft Avenue
to Tucker Avenue a distance of 455 feet, more or less,
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 19, 1961, 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 11:15 P. M.
Article 79. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Bellflower Street from Balfour
Street to Homestead Street a distance, of 780 feet, more
or less, 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 19, 1961, 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 11:15 P. M.
Article 80. VOTED: To establish as a town way, and accept the lay-
out of as a town way, Chase Avenue from Bennett Avenue
to Tucker Avenue a distance of 500 feet, more or less,
northeasterly, aslaid out by the Selectmen under the
Betterment Act and shown upon a plan on file in the office
of the Town Clerk, dated January 19, 1961, and to author-
ize the Selectmen to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest
in land necessary therefor.
Carried Unanimously 11:15 P. M.
238
Pn
VOTED: To raise and appropriate for land acquisition
and for construction of the ways enumerated in Articles
72 to 80 inclusive the sum of $130,000.00. 1
r
Carried Unanimously 11:16 P. M.
A motion made by James M. West, which was unanimously voted,
. that Charles E. Ferguson be notified by the Town Clerk that he was
missed as Moderator and the best wishes of the Town Meeting
Members be extended to him; also that a good job had been done
by Judge Joseph R. Cotton, Moderator Pro-tam.
11:16 P. M.
Article 82. Presented by Alan G. Adams.
VOTED: That this article be indefinitely -postponed.
Carried Unanimously 11:17 P. M.
Article 83. Presented by Alan G. Adams.
VOTED: To amend the General By-Laws by adding thereto
a new section under Article XXII, Removal of Snow and
Ice, to read as follows: .
Section 2. No person shall lay, throw, or place,
or cause to be placed, any ice or snow on that portion
of any street or sidewalk within the Town which has
been cleared or plowed for travel.
Carried 11:22 P. M.
Ruth Morey moves that meeting be dissolved.
Carried Unanimously 11:23 P. M.
44wn Clerk
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 47 AS PASSED AT THE 2f,09
ADJOURNED TOWN MEETING HELD MARCH 27, 1961.
ARTICLE 47 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27, 1961
Article 47. Presented by Ruth Morey.
VOTED: To amend the General By-Laws by adding thereto a
new article to read as follows:
ARTICLE XXXI GAS INSPECTOR
Section 1. The Board of Selectmen shall appoint annually
in April an inspector of gas piping and gas appliances
in buildings to be known as the Gas Inspector, who shall
hold office for a term expiring on the thirtieth day of
April in the following calendar year and until his
successor is appointed and qualified. His compensation
shall be established by the Board of Selectmen. He shall
have had at least ten years of practical experience in
gas fitting. The duties of the Gas. Inspector shall be
the enforcement of the rules and regulations adopted by
the Board established under Section 12H of Chapter 25 of
the General Laws, and any acts in amendment thereof and
in addition thereto. The Gas Inspector may, so far as
is necessary for the performance of his duties, enter any
building within the Town at any reasonable hour.
Section 2. The Board of Selectmen may at any time appoint,
for such terms as they may determine, one or more assistant
gas inspectors to act in the absence or disability of the
Gas Inspector and, while so acting, each of them shall
have and may exercise all of the powers and duties of the
Gas Inspector. Assistant gas inspectors shall have the
same qualifications as hereinabove set forth for the
Gas Inspector.
The Gas •Inspector shall not be interested in any building
contract in the Town or have any interest in the furnishing
of materials for any building therein; provided however,
that he may, with the written approval of the Selectmen,
have such interest if he wholly refrains from acting as
Gas Inspector in the particular case. In each such case,
the Board of Selectmen shall designate an assistant gas
inspector or shall appoint a disinterested substitute gas
inspector to act therein, with all the powers and duties
of the Gas Inspector; and the compensation paid to such
assistant or substitute in such case shall be deducted
from the salary of the Gas Inspector.
Carried Unanimously 9:32 P. M.
/Signed/ James J. Carroll
Town Clerk
Lexington, Mass. , April 11, 1961
I, James J. Carroll, Town Clerk of the Tom of Lexington, do hereby
certify the above to be a true and exact copy of Article 47 as passed
at the Adjourned Town Meeting held March 27, 1961 and as same appears
on record.
MM /Signed/ James J. Carroll
Town Clerk
Boston, Mass. May 11, 1961
The foregoing amendment to by-laws is hereby approved.
/Signed/ E. J. McCormack, Jr.
Attorney General
240
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 48 AS PASSED AT THE ADJOURNED
TOWN MEETING HELD MARCH 27, 1961
ARTICLE 48 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27, 1961
Article 48. Presented by Richard H. Soule.
VOTED: To amend Section 14, Board of Appeals, of the
Zoning By-Law by striking out the word "five" in the second
sentence in the first paragraph and inserting in place
thereof the word "six" so that said paragraph will read
as follows:
The Selectmen shall also appoint six associate members
of the Board of Appeals, and in the case of a vacancy,
absence, inability to act or interest on the part of a
memberof said Board, his place may be taken by an
associate member designated as provided in General
Laws, Chapter 40 A, Section 14, and any amendments
thereto.
9:34 P. M.
Mr. Soule reads the report of the Planning Board on this
article which was accepted and placed on file.
9:34 P. M.
Carried Unanimously 9:35 P. M.
/Signed/ James J. Carroll
Town Clerk
Lexington, Mass. , April 11, 1961
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 48
as passed at the Adjourned Town Meeting held March 27, 1961 and as
same appears on record.
MM /Signed/ James J. Carroll
Town Clerk
Boston, Mass. May 11, 1961
The foregoing amendment to Zoning By-Law hereby approved.
/Signed/ E. J. McCormack, Jr.
Attorney General
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 49 AS PASSED AT ` kir: ADJOURNED
TOWN MEETING HELD MARCH 27, 1961
ARTICLE 49 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27,1961
Article 49. Presented by Richard H. Soule .
VOTED: To amend the Zoning By-Law so as to change certain
land from an A 1 - Garden apartment and hotel district to
an R 1 - One family dwelling district by adding at the
end of paragraph numbered 4 in Section 4 (g) A 1 - Garden •
apartment and hotel districts, the following:
There is excepted from the foregoing, however, the
land situated northerly of Worthen Road as shown on
plan entitled "Vine Brook Meadows Section Two Lex-
ington, Mass."dated June 12, 1960, Albert A. Miller-
Wilbur C. Nylander, Civil Engineers and Surveyors,
recorded in Middlesex South District Registry of Deeds
as Plan No. 209 of 1961, Book 9762, Page 142 and filed
in the Land Registration Office as Plan No. 27677 D.
9:36 P. M.
241..
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 49 (CONT. )
Article 49. Mr. Soule reads report of the Planning Board on this
( Cont.) article which was accepted and placed on file.
9:36 P. M.
Carried Unanimously 9:46 P. M.
/Signed/ James J. Carroll
Town Clerk
Lexington, Mass. , April 11, 1961
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 49
as passed at the Adjourned Town Meeting held March 27, 1961 and as
same appears on record.
MM /Signed/ James J. Carroll
Town Clerk
Boston, Mass. May 11, 1961
The foregoing amendment to zoning by-law is hereby approved.
/Signed/ E. J. McCormack, Jr.
Attorney General
ATTORNEY GENERAL t S APPROVAL OF ARTICLE 51 AS PASSED AT THE
ADJOURNED TOWN MEETING HELD MARCH 27, 1961
ARTICLE 51 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27,1961
Article 51. Presented by Richard H. Soule.
I _
VOTED: To amend the Zoning By-Law so as to increase the
minimum parking requirements in C 1 - Local business
districts by striking out subparagraph b in Section 8
(b) C 1 districts, and inserting in place thereof the
following:
b. For each permitted principal and accessory building,
other than principal buildings permitted in an R 1 or
R 2 district, a parking area on the lot containing not
less than one parking space, as hereinafter defined, for
each 100 square feet or fraction thereof of floor area
in said buildings. 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
passageways or driveways. Loading areas shall not be
considered to be part of the parking area. 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 cellar or basement
areas used only for storage or services incidental to
the operation or maintenance of the building.
10:43 P. M.
Richard H. Soule reads Planning Board Report covering
this article which was accepted and placed on file.
10:43 P. M.
242
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 51 (CONT. )
1-71
Article 51. Alfred P. Tropeano makes the following amendment: ("
( Cont.
Moved to amend the said Vote by striking "b" paragraph
and substituting in lieu thereof the following:-
( b) For each permitted principal and accessory building,
other than principal buildings permitted in an R1 or R2
District, a parking area on the lot containing not less
than one parking space, as hereinafter defined, for each
100 square feet or fraction thereof of floor area in
said buildings. 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 8' 6" and a depth of
not less than 18' and an area of not less than 153 . square
feet, exclusive of passageways and said passageways shall
if the parking is at 900 angle be not less than 24' in
width; and if the parking is at 600 angle, a passageway
of not less than 18' ; and if parking is at 45 angle, a
passageway of not less than 12' . Said passageways to be
exclusive of driveways appurtenant thereto and with free
and ' .unimpeded access to a street over unobstructed
passageways or -driveways. Loading areas shall not be
considered to be part of the parking area. The term
"Floor Area" as used herein, for buildings shall mean
the aggregate horizontal area in square feet of floor
within the walls enclosing the building, exclusive of
cellar or basement areas. 10:45 P. M.
Further amendment was made by Mr. Tropeano to his original
amendment reading as follows: ( to be added at the end
of the paragraph)
"used only for storage or services incidental to the
operation or maintenance of the building."
The amendment to Mr. Tropeano' s first amendment was.
carried by voice vote.- 10:55 P. M.
Mr. Tropeano's original amendment, as amended, was declared
lost by voice vote. 10:55 P. M.
Standing vote taken on main motion as presented:
In Favor Tellers Opposed
28 Donald P. Noyes 0
81 (James C. Shaw) 1
(Donald J. Shaw)
26 Gordon E. Steele 0
135 1
Carried 10:58 P. M.
/Signed/ James J. Carroll
Town Clerk
Lexington, Mass. , April 11, 1961
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 51 as passed
at the Adjourned Town Meeting held March 27, 1961 and as same appears
on record.
MM /Signed/ James J. Carroll
Town. Clerk
Boston, Mass. May 11, 1961
The foregoing amendment to Zoning By-Law is hereby approved.
/Signed/ E. J. McCormack, Jr.
Attorney General
243
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 83 AS PASSED AT THE
ADJOURNED TOWN MEETING HELD MARCH 27, 1961
ARTICLE 83 AS PASSED AT THE ADJOURNED TOWN STING HELD
MARCH 27, 1961
Article 83. Presented by Alan G. Adams.
VOTED: To amend the General By-Laws by adding thereto
a new section under Article XXII, Removal of Snow and
Ice, to read as follows:
Section 2. No person shall lay, throw, or place,
or cause to be placed, any ice or snow on that portion
of any street or sidewalk within the Town which has
been cleared or plowed for travel.
Carried 11:22 P. M.
/Signed/ James J. Carroll
Town Clerk
Lexington, Mass. , April 11, 1961
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 83
as passed at the Adjourned Town Meeting held March 27,. 1961 and as
same appears on record.
MM /Signed/ James J. Carroll
Town Clerk
Boston, Mass. May 11, 1961
The foregoing amendment to by-laws is hereby approved.
/Signed/ E. J. McCormack, Jr.
Attorney General