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HomeMy WebLinkAbout1929-06-18-STM-MIN 9011 SPECIAL TOWN MEETING JUNE 18 , 1929 A quorum not being present at 7 : 30 the meeting was called to order by Moderator Robert H . Holt at 7 : 53 P . M . Mr . Holt used a new 'gavel which was designed by Architect Willard D . Brown and made and presented to the Town by Mr . Theodore A . Custance . The gavel was made from pieces of the timbers of the old Parson Estabrook house built in 1689 , on the site of the Cary Memorial Building in which this meeting is held . The Town seal was carved on boxwood by Mr . Carl Hauck of Lexington and set into the end of the gavel . Art . 2 . Under this article on motion of Mr. Sydney R . Wrighting- ton it was unanimously at 7 : 58 P . M . "Voted : That the Town rescind its vote adopted April 8, 1929 authorizing a conveyance to Lillian G . Marshall and Lois M . Marshall and in substitution therefor that the Town sell and convey to Lillian G . Marshall and Lois M . Marshall in consideration of the payment by them of eight hundred fifty dollars ( S850 ) the following described parcel of land : A certain parcel of land situated in Lexington on the south - westerly side of Massachusetts Avenue ' and bounded and described as follows : Beginning at a point in the southwesterly side line of said Massachusetts Avenue at the boundary line between land _of the Town of Lexington and land now or formerly of Lillian G . and Lois M . Marshall , thence running northwesterly by Massachusetts Avenue eight and fifty hundredths ( 8 . 50 ) feet to a point ; thence turning • and running southwesterly by other land of the Town of Lexington sixty-nine and ninety - seven hundredths ( 69 . 97 ) feet more or less , to land now or formerly of Lois M . Marshall ; there turning and running southeasterly eight and twenty - eight hundredths ( 8 . 28 ) feet by said land now or formerly of Lois M . Marshall to said landnow or formerly of Lillign G . and Lois M . Marshall ; there turning and running northeasterly by said Lillian G . and Lois M . Marshall land seventy ( 70 ) feet more or less to the point of beginning . Said parcel of land is shown on a plan entitled " Plan of Land conveyed by the Town of Lexington, Mass . " dated, April 13 , 1929 , by John T . Cosgrove , Town Engineer , and contains , according to said plan , five hundred eighty- seven ( 587 ) square feet of land more or less . • And that. the Board of Selectmen or a majority of them be and they hereby are authorized and directed in the name of and on behalf of the Town to execute , acknowledge and deliver and the Treasurer to countersign and seal with the Town seal a deed thereof to the said Lillian G . Marshall and Lois M . Marshall upon payment to the Town of the said sum of eight hundred and fifty dollars ( $850 ) . " Art . 3. Under this Article on motion of Mr . Howard S . 0 . Nichols at 8 : 05 P . M . it was unanimously ' " Voted : That .the sum of $31 , 000 be appropriated to be spent under the direction of the School Committee for repairs and altera- tions to the High School Building , and that any balance remaining after repairing the damage caused by the fire which occurred in the High School Building ori April 22 , 1929 , may be spent for such repairs or alterations in any of the School Buildings in the Town as the Committee may deem necessary and that to provide the necessary funds , $24 , 714 . 81 be transferred from the Fire Loss High School Account and $ 6 , 285 . 19 be assessed. " This motion was ap 'roved by the Appropriation Committee . Art . 4 . On motion of Mr . Theodore A . Custance it was 302 .r a "Voted : That the Town accept the layout as a Town way of a portion of Coolidge Avenue from Adams Street approximately 545 feet , all as laid out by the Selectmen under the Betterment Act , and as shown on plan on file in the Town Clerk ' s Office . " Art . 5 . On motion of Mr . Theodore A . Custance , it was 4, " Voted : That action on this Article be indefinitely postponed. " Art . 6 . On motion of Mr . Theodore A . Custance , it was . " Voted : That the Town accept the layout as a town way of Harding Road from Bedford Street to Williams Road , all as laid out by the Selectmen under the Betterment Act , and as shown on plan on file in the Town Clerk ' s Office . " Art . 7 . On motion of Mr . Theodore A . Custance , it; was " Voted : That the Town accept the layout as a town way of a portion of Hillside Terrace from North Hancock Street ap.oroximately 294 feet , all as laid out by the Selectmen under the Betterment Act and as shown on plan on file in the Town Clerk ' s Office . Art . 8 . On motion of Mr . Theodore A . Cus t anc t , it was " Voted : That the Town accept the layout as a town way of a portionof Hill Top Avenue from Kendall Road approximately 710 feet , all as laid out by the Selectmen under the Betterment Act , and as shown on plan on file in the Town Clerk ' s Office . " Art . 9 . On motion of Irlr . Theodore A . Custance it was "Voted : That this article be indefinitely postponed,. " Art . 12 . Under this Article on motion of Mr . Theodore A . Custance at 8 : 17 P . M . it was unanimously " Voted : That for the purpose of constructing Coolidge Avenue , Harding Road , Hillside Terrace and Hill Top Avenue , all as , laid but and accepted under Articles 4 , 60 7 , & 8 the sum of 317 , 700 be appropriated and assessed. " Art . 10 . On motion of Mr . Sydney R . Wrightington, it was " Voted : Whereas by the will of the late Edith C . Redman , long a devoted citizen of the town , the sum of 3500 . has been bequeathed to the town to be held in trust by the town and the income only therefrom to be used and applied for the care and maintenance of the Lexington Common known as " Battle Green . " Voted : That the Town accept the said bequest and assume the obligations of the trust above set forth . Further Voted : That the town in gratitude for the gift of the late Edith C . Redman and as a memorial of her loyal citizenship hereby records its thanks and directs that this preamble and resolution be r ^ corded in the minut 2s of this meeting . Further Voted : That the sum of $500 . received by the Town under the will of Edith C . Redman be appropriated and set apart as a perpetual trust fund , the income of which only shall be used and arpplied for the care and maintenance of the Lexington Common known as " Battle Green " , and that the principal sum of $500 . be held henceforth by the Trustees of Public Trusts under the provisions of the Acts of 1910 , Chapter 107 , and the income therefrom applied for the above purpose . " * see pg . 308 . Art . 13 . On motion of Mr . Albert H . Burnham , it was "Voted : That the Selectmen be authorized to install street lights in Vaille Avenue and in Grassland Street . " Art . 14 . On motion of Mr. Albert H . Burnham, it was "Voted : That the Town confirm the transfer of the sum of $1 , 820 . 05 received from the County for the licensing of dogs and paid to the Cary Memorial Library in February , 1929 . " Igt Art . 15 . Under this article Mr . Frederick L . Emery of tiered the following motion : To see if the Town will adopt amendments to the Lexington Zoning By-Law proposed by the Planning Board to correct typographical errors and omissions and make clarifying changes in the amendments to the said Zoning By- Law adopted at the annual town meeting of 1929 , a copy of which proposed amendments has been filed with the Town Clerk and is open to public inspection . Art . 15 . " Voted : That the amendments to the Zoning By- Law of the Town of Lexington adopted at the annual Town Meeting of 1929 be further amended as follows : ( all references in this vote to lines shall be to the lines as printed in the Lexington Times -Minute Man of April 26 , May 3 , anc May 10 , 1929 ) . In Section 1 , line 11 , by inserting after the words "which map " the words " as amended" . In Section 3, after the words " Section 3 " by inserting the title " Districts Defined " . In Section 3 , line 1 , at the end of the line add the letter " s " to the word " district " . In Section 3, line 2 , at the end of the line acld the letter " s " to the word " district " . In Section 3 , subtitle " R . 1 Districts " , line 1 , by striking out the numeral " 1 . In Section 3 , subtitle " R . l Districts " , line 1 , by inserting after the wordy " zoning map" the word.; " as amended" . In Section 3 , subtitle " R . l Districts " , line 2 , by transposing the location of the letter and figure M .l " and the letter and figure " R . 2 " . In Section 3 , subtitle " R . 2 Districts " by changing the initial numeral of paragraph " 1 -A " to " 2 " . In Section 3, subtitle " R . 2 Districts " , old paragraph 1 -A, line 1 , by inserting before the word " districts " the words " district or" . In Section 3 , subtitle " R . 2 Districts " , by changing the initial numeral of paragraph " 1 -B " to " 3 " . In Section 3, subtitle " R . 2 Districts " , old paragraph , line 1 , by inserting before the word " districts " the words "district or " . • In Section 3 , subtitle " R . 2 Districts " , old paragraph 1 -B , line 2 , by inserting after the word " therein" the word " everythin ". In Section 3 , subtitle " R . 2 Districts " , by changing the initial numeral of paragraph " 2 " to " 4 " . In Section 3, subtitle " R . 2 Districts " , by changing the initial numeral of paragraph "3" to " 5 " . In Section 3 , subtitle " R . 2 Districts " , old paragraph 3, line 1 by inserting before the word " districts " the words " district ori' . In Section 3 , subtitle " R .2 Districts " , by changing the initial numeral of paragrph " 4 " to " 6 " . In Section 3, subtitle "R . 2 Districts " , old paragraph 4, line 1 , by inserting after the word " district " the words " or districts " . 304 Csa rain In Section 3 , subtitle " R . 2 Districts " by changing the initial numeral of paragraph " 5 " to " 7 " . In Section 3, subtitle " R . 2 Districts " , old. paragraph 5 , line 5 , by changing the word " side " to " line " . In Section 3, subtitle " R . 2 Districts " , old paragraph 5 , line 6 , by changing the word " side " to " line " . In Section 3 , subtitle " R . 2 Districts " by changing the initial numeral or paragraph " 6 " to " 8 " . In Section 3 , subtitle " R . 2 Districts " by changing the initial numeral of paragraph " 7 " to " 9 " . In Section 3, subtitle " R . 2 Districts " , old paragraph 7 , line 1 , by inserting after the word " districts " the word " thereon" . In Section 3 , subtitle " R . 2 Districts " , by changing the initial numeral of paragraph " 8 " to " 10 " . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 9 " to " 11 " . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 10 " to " 12 " . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 11 " to " 13 ' . In Section 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 12 " to " 14 " . In Section 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 13 " to " 15 " . In Section 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 14" to " 16 " . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 15 " to " 17 " . In Section 3 , subtitle " C . 1 Districts " , old paragraph 15 , line 2 , by inserting after the word " extending " the words "westerly to and" . In Section 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 16 " to " 18 " . In Section 3, subtitle " C . 1 Districts " , , by changing the initial numeral of paragraph " 17 " to " 19 " . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of. paragraph " 18 " to " 20 " . In Section 3, subtitle " C . 1 Districts " , old paragraph 18 , line 4 , by striking out the comma after the word " yard " . In Section 3, subtitle " C . 1 Districts " , old paragraph 18, ' line 8 , by inserting after the word " railroad " the word " property ' . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 19 " to " 21 " . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 20" to " 22 " . In Section 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 21 " to " 23 " . In Section 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 22 " to " 24" . In Section 3 , subtitle " C . 1 Districts ; old paragraph 22 , 305 line 1 , by inserting after the word "Woburn" the word " and ' and by striking out after the word " Lowell " the words t' and Laconia" . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 23 " to " 25 " In Section 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 24 " to " 26 " . In Section 3 , subtitle " C . 1 Districts " , by changing the initial numeral of. paragraph " 25 " o " 27 " . In Section 3 , subtitle " C . 1 Districts " , old paragraph 25 , line 2 , by striking out the word " a" before the word " business " and by adding the letter " s " at the end of the word " district " . InSection 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 26 " to " 28 " . InSection 3, subtitle " C . 1 Districts " , by changing the initial numeral of paragraph " 27 " to " 29 " . In Section 3, subtitle " C . 1 Districts " , initial numeral of paragraph "28 " to " 30 " . changing the InSection 3 , subtitle "M . l Districts " , by changing the initial numeral of paragraph " 29 " to " 31 " . InSection 3, subtitle "M . 1 Districts " , by changing the initial numeral of paragraph " 30 " to " 32 " . In Section 4 after the words " Section 4 " , b insertin the heading ' Permitted Uses " . y g In Section 4 , in the first paragraph , line 2 , after the word " thereof" , by inserting the words " and uses ac - cessory thereto " . In Section 4 , subtitle " R . 1 Districts " , old paragraph 4 , line 1 , by inserting after the words " customary uses " the word " accessory " . In Section 4, subtitle " R . 1 Districts " , old paragraph 5 , line 3, by inserting after the word " boards " the words " and/or signs " . In Section 6 , by striking out subparagraph ( b ) . In Section 6 , by changing the letter of subparagraph " ( c ) " to " ( b ) " . In Section 7 , paragraph ( a ) , line 4 , by striking out the comma after the words " School Streets " . In Section 8 , aragra h p � p ( a ) , line 1 , by striking oat the words " shall be such as " and inserting in place thereof the word "which " . In Section 8 , paragraph ( a ) , line 3 , bystriking out the final " shall and adding at the end the words be permitted " . In Section 9 , paragraph ( f ) , line 2 , by inserting after the word " owner " the words " that is " . In Section 9 , paragraph ( g ) , line 1 , by striking out at the end of the line the word because " and inserting in place thereof the words " that is " . In Sectirn 9 , paragraph ( g ) , line 5 , by inserting the word " or " before the words "which may have developed " . In Section 11 , line 3 , by changing the period after the numeral " 3" to a comma, and inserting thereafter the words " paragraph ( b ) " . In Section 12 , line 3 , by striking out the corona after the word " by-laws " . 306 In Section 13 , line 1 , by adding the letter " s " at the CD end of the word " application " . = In Section 16 , line 4 , at the end of the line , by inserting after the word " this " the word " bye " . In Section 16 , line 10 , by adding the letter " s " to the word " reason " . Except as amended hereinbefore , the amendments to the Lexington Zoning By-law adopted at the March town meeting as set forth in the records of the Town Clerk are hereby ratified , approved and confirmed. Mr . a cry ' s motion under this article required a two thirds vote and the oral vote being questioned, a rising vote was requested with the following result : affirmative , 78 and negative 2. Question of quorum was raised . A count was requested by the Moderator and 118 voters were present at 8 : 55 P . M . Art . 16 . On motion of Mr. Theodore A . Custance the following vote was passed : " Voted : That the Building By- law of the Town be amended by adding at the end of Article X , Sec . 1 the following paragraph : "The for = going provisions of this section shall not apply to signs , advertising devices , clocks , marquees , permanent awnings and other like structures projecting into or placed on or over public ways in the Town which are placed and maintained under permits issued by the Board of Selectmen under General Laws , Chapter eighty- five , sections eight and nine , and acts in amendment thereof and in addition thereto . " Eighty- two voted in the affirmative and 2 in the negative . Art . 17 . On motion of Mr . Theodore A . Custance it was unanimously " Voted : That the Town amend Section 4 of Article II of the Building By- law of the Town by substituting in line 9 for the word " selectmen" the words " a board of appeals appointed for that purpose by the selectmen" , and in lines 13 and 17 by substituting for the woid " selectmen " the words " such board of appeals " . Art . 18 . The Report of the Committee on War Memorials was read by Theodore A . Custance and the meeting voted to accept the report , which reads as follows : The Committee appointed by vote of the Town " to establish a permanent memorial for the veterans of all wars for whom memorials have not been already erected , and who went from the Town of Lexington to serve with the colors, and hold or are entitled to an honorable discharge fram the United States • Army , Navy or Marine Corps " are unanimously agreed that said memorial should be of a two - fold nature ; - the first in memory of the Lexington boys who lost their lives in the World. War - - the second, to the vet . raps of all wars who went from Lexington and served with the colors . On the stairways of the Cary Memorial Building are at present two marble tablets , formerly in the old Town Hall , on which are inscribed the names of the Lexington men who lost their lives in the War for Independence and in the Civil War. To complete the roll of our war dead it is proposed to install on the wall of the foyer , between the two doors leading to the side entrances - - and occupying the place where now hangs the flag bearing the names of those who lost their lives in the World War -- a permanent memorial to these same men . • The proposed tablet , designed by one of the architects � . of the buildin z , will be of either bronze or polished steel 307 about 18 " by 30 " with incised lettering . It will be enclosed in a frame of black marble with attached columns and broken pediment surmounted by an urn , all in character with the architecture of the building . Below and forming a part of the base of the columns will be a hinged bronze panel forming a cover to a receptacle containing , engrossed on parchment roll , the names of all the Lexington men who served in the war . The entire memorial will )e about 6 feet high by 3 feet wide . As to the second part of the program the Committee feels that this should be of a more publ c nature than possible within the walls of a buildin . As %he exact form it should take they are not yet ready to make a recommendation . They do not feel that they can • without the assistance of professional advice or help . Nor can they secure a worthy design to present for the consideration of the voters without funds with which to work . They are therefore asking for an appropriation of 3800 . 00 to be used by them in this connection . But that the dead may be fittingly honored without waiting for the entire project to be.. entered upon , the Committee is also asking for an appropriation of 81700 . 00 for the erection of a mural tablet as already described , bids having been received that would make this possible . The Committee therefore offers the following motions . Under Art . 18 . MOVED : That the Committee appointed " to establish a permanent memorial to the veterans of all wars " be authorized to secure and erect in the Cary Memorial Building a • tablet in memory of the men of Lexington who lost their lives in the World War ; and that the sum of $1700 . 00 be appropriated and assessed for this purpose . Under Art . 19 . MOVED : That the Town appropriate and assess the sum of $800 . to be expended by the Committee appointed " to establish a permanent memorial to the Veterans of all wars " in securin; ; suitable desi ins . Art . 18 . Under this Article on motion of Mr . Theodore A . Custance the following vote was passed at 9 : 03 B . M . " Voted : That the Committee apYoointed " to establish a permanent memorial to the veterans of all wars " be • authorized to secure and erect in the Cary Memorial Building a tablet in memory of the men of Lex ngton who lost their lives in the World War ; and that the sum of $1700 . 00 be aouroipriated and assessed for tins p;trpo se . " Art . 19 . On motion of Mr . Theodore A . Custance the following vote was passed : " Voted : That the Town appropriate and assess the sum of $800 . 00 to be expended by the Committee appointed " to establish a permanent memorial to the Veterans of all wars " in securing suitable designs . " Art . 20 . On motion of Mr . Theodore A . Custance the following vote was passed : " Voted : That the sum of $4 , 000 be appropriated and assessed for the installation of automatic traffic signals at the following intersections : Massachusetts Avenue at Waltham Street ; Massachusetts Avenue at Clarke Street ; Bedford Street at Elm Avenue ; and Waltham Street at Marrett Roar ." " Voted : That that part of Article 20 relating to • installing a traffic signal at Woburn and Lowel]. Streets be indefinitely postponed . " Art . 21 . On motion of Mr . Theodore A . Custance it was • " Voted : That the Board of Selectmen be authorized to install sewers in the following streets : 308 D Cad Belfry Terrace , a distance of approximately 280 feet ; CD Massachusetts Avenue , from Audubon Road a distance of approximately 1025 feet and Oak Street , from Baker CG Avenue a distance of approximately 160 feet . " Art . 22 . On motion of Mr . Albert H . Burnham it was " Voted : That the following sums be transferred from Excess and Deficiency Account to the following accounts : April 19th Celebration $20 . 69 Town Clerk 50 . 00 Board of Appeals 100 . 00 And further voted : That the following amounts be appropriated and assessed for the following accounts : Massachusetts Avenue Land Damages $1823 . 00 Sidewalks ( Where abut for will pay one -half the cost ) 1000 . 00 Fire Department 4132 . 00 " Voted : That that part of Article 22 relating to ap - propriation for sidewalks and granite curbing be indefidtely postponed . " Art . 23 . Under this article Mr . Albert H . Burnham offered the following motion : " Voted : That the Board of Selectmen be authorized to enter into negotiation - with the heirs of Elbridz e W . Glass , owners of land adjacent to the entrance to the Parker Field leading from Clarke Street , to purchase 7400 square feet of land more or less for the purpose of widening the entrance to the Parker Field and for said purpose the sum of $925 . be appropriated and assess ed rf Frederick L . Every moved an amendment that the Selectmen be authorized to purchase enough land to widen Clarke Street to the Playground to 50 feet . Mr . Edward Wood questioned the ownership of the right of way itself and later moved the indefinite postponement of Article 23 . This was carried . Art . 18 . It was voted , on motion of Dr . James J . Walsh that the Report on behalf of the War Memorial Committee be accepted as a report of progress . Articles 24 , 25 and 26 were , on motion of Mr. Theodore A . Custance taken up together . He moved also that these articles be indefinitely postponed, and this motion was carried. The meeting dissolved at 9 : 45 P . M . A true record , Attest : 151°L-Town' Clerk Art . f1 . On Motion of Mr . Theodore a . Custance it was "Voted : That the deed of Jennie M . Partridge dated May 15 , 1929 , conveying to the town approximately 323 square feet of land at the intersection of the southerly line of Marrett Road , with the easterly line of Waltham Street be accepted .