HomeMy WebLinkAbout1950-11-27-STM-min 323
SPECIAL TOWN MEETING
HELD NOVEMBER 27, 1950
The meeting was cklled to order by the Moderator, Charles E.
Ferguson at $:06 P.M.
There were 179 Town meeting members present.
The Town Clerk , J2mes J. Carroll, read the warrant for the
meeting until motion made and voted that further reading be
waived. $:07 P.M.
The Town Clerk read the Constable's return of the Warrant.
8:07 P.M.
Article 1. Howard A. Patterson, Chairman of the Appropriation
Committee presented the report of the Appropriation
Committee which was voted to be accepted and placed
on file. $:08 P.M.
Article 2. Presented by George W. Emery , Chairman of the Board
of Selectmen.
VOTED : That the Town hereby accepts with gratitude
the bequest of $10,000 contained in paragraph Ele-
venth b) of the will of George L. Gilmore , late of
Lexington , Middlesex Probate Docket No. 212470, read-
ing as follows :
"To the Town of Lexington , to be held by the Trustees
of the public funds or such other officers as the
Town may from time to time direct, the sum of Ten
Thousand Dollars ($10,000) , the income therefrom
to be used as the Town may from time to time vote ;
and if at any time a special use arises to which in
the opinion of the Selectmen the principal of said
fund may be applied, then the principal of said fund
may be so applied upon vote of the Town Meeting auth-
orizing same ."
and that said bequest be paid to and held by the
Trustees of Public Trusts. Carried Unanimously $:10 P.M.
Article 1. Presented and read by Richard P. Cromwell, Chairman
of the Planning Board which was voted to be accepted
and placed on file. $:17 P.M.
Article 3. Presented by Richard P. Cromwell, Chairman of the Plan-
ming Board (on file in Town Clerk's off ice ) . .0
The moderator stated the Article would be voted upon
,dby sections.
•
D 4- U f-i
n r0 John F. Downey presented the following motion.
g m MOTION: To amend the Vote offered by Mr. Cromwell by
c H ,� striking out sub-paragraph 9 in Section 4 ( c) Cl -
n� cv
CD Local business districts and inserting in place thereof
'o o z the following sub-paragraph:-
• "-' -P ,g 9. A district at the southwesterly corner of
H o, Marrett Road and Waltham Street, extending westerly
Icn ;-1
200 feet along the southerly line of Marrett Road and
at 0 extending southerly 200 feet along the westerly line
W .�� of Waltham Street, said distances being measured from
H -P a) g the intersection of said side lines of said streets ,
o and for a depth of 100 feet from said side lines.
N o o
v 4-) Ul
Amendment as presented voted upon and declared lost
-C U m by voice vote. $:20 P.M.
4-3ro
a) -I-)
`�• � 4-1 o The following amendment presented by Alfred P. rrop-
F+ 000 eano:
��m +) c VOTED : To amend Section 4 (c) C-1 entitled "Local
o Business Districts" sub-paragraph 17 by striking out
bthe period at the end thereof and inserting a semi-
02H .1-1 colon , and adding the following:
o o +)
• �, SOUTHERLY by Massachusetts Avenue and Woburn Street
324
at their junction, Ninety-five and 40/100 (95.40) feet • ; },
SOUTHEASTERLY by Fletcher Avenue , One Hundred Ten (110) r�-0
feet :
NORTHEASTERLY by Lot 3 as shown on a plan hereinafter
mentioned, Seventy (70) feet ;
NORTHWESTERLY by Lot 1 as shown on said plan , One Hund-
red Thirty-Six and 31/100 (136.31) feet ; Containing 94$0
square feet , and being Lot 2 as shown on plan entitled
"Plan of lots on the Fletcher Estate , Lexington , Mass."
Amendment as presented declared lost by voice vote $: 59 P.M.
The following amendment presented by Eugene T. Buckley:
VOTED: To amend the vote offered by Mr. Cromwell by adding
to Section 4. (c) C 1 - Local business districts the follow-
ing new district :-
24. A district on the southwesterly side of Concord Avenue
bounded and described as follows : Southeasterly by said
Concord Avenue 7$1.01 feet more or less to land now or
formerly of Harry S. Kelsey, thence turning and running
southerly 76 1$T 30" west by land of said Kelsey 359. 54
feet more or less to a corner , thence turning and running
northerly 13 41' 30" west 693 .27 feet more or less by
land now or formerly of Eli Simonds and one Sturtevant to
said Concord Avenue, and containing three acres of land
more or less , all as shown on a plan entitled "Plan of the
Egbert Jamieson Estate , Lexington , Mass. ," by Harriman Bros. ,
C.E. , dated January 2$, 1896, and recorded with Middlesex
South District Registry of Deeds at the end of Book 4000.
Amendment as presented voted upon and declared lost by voice
vote. 9:34 P.M.
Permission granted John A. Hinchey to speak regarding prop-
erty of his father and others .
The following motion presented by Carl E. Bryant :
MOTION: To amend the Vote offered by Mr. Cromwell as follows:
By inserting after the word "stores" in Section 5 (c) ,
Cl Districts subparagraph 1, the following:- _"with the ex-
ception of liquor stores which are hereby expressly prohibited"
and by inserting after the word "milk" in Section 5 (d) , C2
Districts subparagraph 2 the following:- "and retail liquor
stores , if otherwise lawful."
Amendment as presented voted upon and declared carried by
voice vote. 9:44 P.M.
Question by William E. Phillips if it was the intent under
Section 5 C2 (-2-) hotels , first line after Planning Board
should read "after Public Hearing". Reply by Richard F.
Cromwell that same was an omission and should be included.
Therefore same voted upon and declared carried by voice
vote. 9:57 P.M.
The following amendment presented by Robert L. Ryder:
Moved to amend the vote offered by Mr. Cromwell by amending
Section $ (a) entitled Rl and R2 Districts by striking out
sub-paragraph 1 (a) and substituting in lieu thereof the
following as 1 (a) . For each dwelling or other permitted
principal building erected after the adtoption of this amend-
- went to this By-Law, a lot containing an area of not less
than 12, 500 square feet and a frontage of not less than 100
feet upon the frontage street .
Amendment voted upon by voice vote declared lost 10:39 P .M.
Decision of vote questioned and a rising vote taken as follows?
Favor 'TELLERS Opposed
14 Alfred P. Tropeano 22
12 Re/. Harold T. Handley 24
39 John P. Whalen 54
100
Declared lost 10:42 P.M.
325
Amendment presented by Edwin B. Wort__en , Jr. as follows:
(Voted: ) that the Main Motion be amended by adding to Section
$, (f) , 1, a, the following paragraph :
(3 ) For garden apartments , land area shall be not less
than 3000 square feet per dwelling unit containing
one room used for sleeping , 3500 square feet per
dwelling unit containing two rooms used for sleeping,
and 4000 square feet per dwelling unit containing
three or more rooms used for sleeping.
Amendment as presented declared carried by voice vote. 10: 55 P.M.
Richard P. Cromwell moves that the meeting adjourn until Tuesday,
November 2$, 1950 at $:00 P.M. Voted upon and declared lost by
voice vote . 10: 56 P.M.
Haskell W. Reed moves that the meeting adjourn for one week until
Monday , December 4, 1950 at $:00 P .M. Voted upon and declared
carried by voice vote. 10: 57 P .M.
ATTEST:
ft Jr.
OUB d
FIRST ADJOURNED TOWN MEETING
HELD DECEMBER 4, 1950
The meeting was called to order by the Moderator, Charles
E. Ferguson at 8:04 P.M.
There were 166 Town Meeting Members present .
The Moderator states would continue with Article 3 by
sections.
The following sections presented $ - 9 - 10 and 11.
Amendment presented by Howard E. Custance striking out
last two paragraphs of original motion to read as follows :
5 tr
VOTED : Applications for building permits shall be filed with
the Building Inspector on forms furnished by him, as
provided in the Building By-Laws. With every such ap-
plication there shall be filed a plan in duplicate of
the lot upon which said building is to be erected drawn
to scale and showing the dimensions of the lot and the
location and size of the buildings if any upon said lot
and the building or buildings to be erected thereon and
all streets upon which such lot abuts.
Amendment as presented voted upon declared carried by voice
vote. $:14 P.M.
Amendment presented by Walter G. Black as follows:
(To be inserted in Section 11, APPLICATION FOR PERMITS, between
the .first and second paragraphs )
VOTED : No permit shall be granted to build a dwelling whose
exterior contours are in duplicate of any residence that
is within a distance of 400 ft. on the same street or
way.
Amendment as presented declared out of order by Moderator.
$:20 P.M.
326 0,3
as amended)
^
Sections 12-13-14-15-16-17-1$-19 and 20 being disposed of
Moderator stated the main motion of Article 31would now be pres-
- ented which would require_ a two-thirds vote .
Boston, 2/23/51`
The foregoing IN FAVOR _'ELLERS OPPOSED
amendments_. by Law re
here .' approve ,35 Alfred P. Tropeano 1
with he e t
ion o .. ® , $2 John P. Whalen 1
ed wo s 39 Merlin J. Ladd 1
section : (g) 3\ 15- -6 15
and the last � - _ d___.,__._._ __�. 3
sentence in Section 1.8 which are -``
hereby disapproved. '---___Declared carried 8:34 P.M.
/Signed/ Fran_ cis E -&e],l,y Attorney GeneraL
Artic1e4present ed-by -George-W. Emery
Article 4. VOTED : That , in addition to money already appropriated, --
the sum of 83 ,500 be appropriated for Sewer Services -
Wages and Expenses , for the balance of the year 1950,
and that said sum be provided by transfer from the
Excess and Deficiency Account .
Carried unanimously $:35 P.M.
Article 5. Presented by George W. Emery.
VOTED : That , in addition to money already approp-
riated, the sum of $1,000 be appropriated for Water
Maintenance - Wages and Expenses, for the balance
of the year 1950, and that said sum be provided by
transfer from the Excess and Deficiency Account.
Carried Unanimously 8:35 P .M.
Article 6. Presented by George W. Emery .
VOTED: That the sum of $500 be apprppriated for
publication and distribution of the report to be
made to the next Annual Town Meeting by the Capital
Expenditures Committee and that said sum be prov-
ided by transfer from the Excess and Deficiency
Account.
Carried unanimously 8:36 P.M.
Geprge w. Emery states if no objections Articles 7 and $
would be taken up together. No objections , unanimously $:3$ P.M.
Article 7. VOTED : To establish as a town way, or accept the
layout of as a town way, Cary Avenue, from Middle
Street to Shade Street, approximately 1910.32 feet
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 Oct. 17, 1950 , and to take by
eminent domain or otherwise acquire any fee , ease-
ment or other interest in land necessary therefor.
Article 8. VOTED: To establish as a town way , or accept the
layout of as a town way , Aerial Street , from Daniels
Street to Sutherland Road, approximately 539.41 feet
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 Oct. 17, 1950 , and to take by
eminent domain or otherwise acquire any fee , ease-
ment or other interest in land necessary therefor.
as
Articles 7 and 8/read voted upon and carried unanimously 8:39 P.M. 1
Articles 7 and $. VOTED : To appropriate for the purposes enum-
erated in Articles 7 and 8, the sum of $32,000 and to
raise said sum by the issue of bonds or notes of the
Town, and that the Town Treasurer , with the approval
of the Selectmen , be and he hereby is authorized to
borrow the sum of $32,000 and issue bonds or notes of
the Town therefor , to be payable in accordance with
the provisions of General Laws, Chapter 44, as amended,
within -a period not exceeding ten years.
Carried Unanimously $:40 P.M.
327
Article 1. Presented by Myron C. Fisher.
ELEMENTARY SITES COMMITTEE REPORT OF PROGRESS.
To the Town of Lexington:
Your Elementary Sites Committee wishes to report progress.
After many meetings and actual vs .ts to available property,
it was the unanimous opinion of the committee that two sites
should be chosen to meet the future needs of the town. The com-
_ mittee decided on one site in the Mass. Ave. and School Street
area and the other in the Maple and Lowell Streets area. If and
when additional schools need to be built , these sites will ade-
quately service the town with a minimum of transportation.
Property owners have been approached and have express a
willingness to sell. Because of this two articles were inserted
in the warrant , however a number of details have not been accom-
plished at this date. So , your committee will not be able to pres-
ent these two sites for your consideration until the next town meet-
ing .
s/ Myron C. Fisher, Chairman
Elementary Sites Committee
5:41 P.M.
George W. Emery requests that Article 9 be indefinitely post-
poned.
Carried Unanimously 5:41 P.M.
George W. Emery requests that Article 10 be indefinitely post-
poned.
Carried Unanimously 5:41 P.M.
All the Articles of the Warrant being completed the Moderator
declared the meeting dissolved.
5:42 P.M.
ATTEST:
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January 12, 1951
To Whom It May Concern :
As of this twelfth day of January , 1951 I do hereby appoint _
T Mary R. McDonough as Assistant Town Clerk and Assistant Town
Treasurer, Town of Lexington.
A. .- a
(---
, Town Cly rk
/ / Town T as'urer