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HomeMy WebLinkAbout1930-03-31-ATM-MIN 356 ADJOURNED TOWN MEETING MARCH 31 , 1930 . Art . 5 . On motion of Mr . James G . Robertson , it was voted to take up for reconsideration the appropriation voted for the Westview Cemetery , the following vote having been passed at the meeting on March 17 , 1930 , but application for reconsideration having been made within the time required . " VOTED : That the following amount be appropriated and assessed for the current year for the maintenance and development of Westview Cemetery $3429 . 00 . " Remarks were made by Mr . George H . Gibson , Cemetery Commissioner , regarding the Cemetery Department . The meeting voted not to consider the motion to reconsider the appropriation made for the Westview Cemetery . Art . 5 . On motion of Mr . James G . Robertson , it was voted to take up for reconsideration the appro- priation ppro- priation voted for the Highway Maintenance , the following vote having been passed at the meeting on March 17 , 1930 , but application having been made for reconsideration within the time required . " VOTED : That the following amount be appropriated and assessed for the current year for the maintenance and care of highways ch70 , 000 . 00 " Mr . William H . Ballard under this article stated that he felt that the Town could post -pone the new building of the outlying roads considering the other problems that the Town has at hand . Remarks were made by Mr . Fred H . Moulton that the money was not expended for the highway maintenance , but had been spent for constructionmrk . Mr . Harold B . Lamont stated that he felt that the roads in the Town were in very good condition and that the Selectmen have stated that the amount they desire is 070 , 000 . for highway maintenance and he hoped that the motion appropriating this sum would remain as passed . Mr . George Ross reported that the Appropriation Committee believe that the Selectmen need $70 , 000 . to complete their program for this year . Mr . William Roger Greeley stated that he hoped that the Selectmen would give the details of how much they intended to spend . Mr . Patrick Flynn stated that he was in favor of the appropriation of $70 , 000 . Mr . Elwyn G . Preston stated that he would like to see a larger amount of money spent for highway maintenance ; that there is nothing that will establish the character of the Town more than the streets , and inasmuch as this is the Tercentenary year he felt that the Town should cooperate with the Selectmen . Mr . Francis chamberlain moved that the article be laid upon the table . This motion was voted down by vote of the meeting . Mr . Fred H . Moulton inquired how much of last year ' s appropriation was spent for road construction . • Mr . Theodore A . Cu.s t ance of the Board of Selectmen gave a lengthy list of expenditures of the appropriation for Highway Maintenance last year , naming various items that might be called construction work that were charged to the Highway Maintenance . Mr . William H . Ballard offereda motion to substitute the sum of $65 , 000 . for 470 , 000 . Questions were asked andrematbks were also made by Mr . Richard McCabe , Mr . William J . Marshall , Mr . George E . Briggs , Mr . Orville B . Denison and Mr . W . Benjamin C . M e a dy . Mr . Robert P . Trask stated that he had in his possession a program showing very definitely work to be done on forty- eight of the different streets in the Town , many of the items running from two to five hundred dollars , andhe felt that the Selectmen needed the entire amount of the appropriation to carry out the program planned for the maintenance work . Zhe motion of Mr . William H . Balls rd to amend the original motion was voteddown by vote of the meeting and the original motion was then carried . Arts.. 16 and 36 . Mr . Theodore A . Custancets motion to reconsider this article was voted down . Art . 34 . Under this article , Mr . Theodore A . Custance offered the motion that Article 34 and article 2 be taken up together . Under article two Mr . Frederick L . Emery , Chairman of the Planning Board , offered the following report of the Planning Board : REPORT OF THE PLANNING BOARD The Selectmen , Town Offices , Lexington , Mass . Gentlemen : We submit herewith the report of Metcalf & Eddy , Engineers , upon the general subject of the drainage and development of the Vine Brook drainage area , dated September 29 , 1928 . For many years the Planning Boardhas been impressed with the necessity for draining and improving this arca and has given much time and consideration to the subject . With your authority, Metcalf & Eddy were engaged to make a study of the entire Vine Brook drainage area and to report upon the practicability and probable cost of draining such area with a view to 1-he eventual use for residential occupancy of as much of the area as possible and to suggest means to that end , including a layout of the most practicable scheme of streets andthoroughfares to make it accessible . The report is exhaustive and outlines not only the drainage necessary but the roads which should be built to make the area available for use , and includes also an exhaustive study ©f the subject of betterments as a guide to the Town in covering the cost of such work as may be done . Since the drainage work so intimately involved the playground area , as well as the eventual attractiveness of the entire area for building purposes , the Planning Board called into conference Mr . A . A . Shurtleff of Boston , who is p���4�����lf"& , . '. � ��do s cad i���t ty , 1n thc ountry � etc of collaboration with Mr , Shurtleff in determining the recommendations contained in this report . 358 7 The report shows that the entire Vine Brook drainsge area comprises about 980 acres , of which 311 acres must be drained to be usable . In the opinion of the Planning Board , the presence of this large area almost in the center of the town constitutes in its present condition a standing threat to the present andprospective valuations throughout the center of the town . It is too much. to expect that this will remain permanently without building . Unless it is properly drained , it and its bordering lands cannot go to a type of development that will be to the best interests of the Town . Left in its present condition , it wi l l invite a type of development that will be prejudicial and a menace to the Town , resulting in depreciation of present valuable property . It is clear from the report of Metcalf & Eddy that it would be est for the Tovm if the entire project could be undertaken as a single niece of work . The cost of doing it all at once would be substantially less than otherwise ; the task of assessing betterments wol - ld. be much simplified , and the entire cost could be recovered by betterments more easily than would be possible if the work is undertaken in sections . It is believed , however , that the magnitude of the project is such that notwithstanding the economies and advantages to he derived from undertaking it all at once , it is probably better to trIke it up in sections . Because Vine Brook is the only means for draining the bus i rye s s center of the town and because it has already reached its capacity and in its present condition is likely soon to causd flooding from the surface water received from the center alone , it thus cons titins P present threat to existing valuations , as well as -the key to increasedvaluations in the business center and else - where throughout the drained area , and it would seem to be a Town project to deepen and increase the capacity of the trunk line portion of Vine Brook from Vine Brook Roadto below Sheridan Street , the cost to be borne by the Town as n. whole , independently of betterments and the larger area back of Vine Brook Road . This trunk ' line section of the brook kg) aged %n e1145.n een a se oer`f Jim osr hb vast a 'a to the north and south . The Town, having been responsible for maintaining this level , wouldseem to be shouldered with the responsibility of removing it . The indirect benefits from increasedvaluations will undoubtedly bring back to the Town more than the cost of the deepening . To undertake to cover this by any scheme of betterments would be so complex as to be probably impracticable . The datafor doing this work is already in the report of Metcalf & Eddy . It is believed to be well within the range of possibility that the houses that wouldbe built within the drained area within a period of tan years would furnish , together with the land that would be drained , an annual tax return of 25% or more of the entire cost of construction of this section . It is believed by the Planning Board that this section must be built in any event and wholly irrespective of the action of the Town with respect to the larger areas to the south and north . It is hoped that the Town will approve and adopt the entire plan proposed by Metcalf & Eddy and. that , 359 if not ready to proceed with the entire program , it will at least vote to construct the trunk section from Vine Brook Road to the outlet below Sheridan Street , leaving the remaining South Branch section and the North Branch section to b e proceeded with at an early date . Respectfully submitted , Frederick L. D ery r Chairman . Mr . Emery then stated that in order that the voters might get the proper prospective he would explain the proposition of the Vine Brook Drainage . Mr . Sydney R . Wrightington then offered a motion to approve in general the recommendation of the Planning Board . The Moderator ruled Mr . ti'drightington ' s motion out of order and Mr . Wrightington withdrew his motion . Mr . Frederick L . Emery then proceeded to request permitsiof of the meeting to admit Mr . Raymond, of the firm of Metcalf & Eddy , to the meeting , which permission was granted . Mr . Emery then proceeded to explain , with the sled of slides on the screen , the proposition of Vine Brook Drainage , and gave a very lengthy description of what wns intended to be accomplished in the future , draining three hundred acres of the Town which are located within one half mile of Massachusetts Avenue . Dr . J . Odin Tilton offered a motion that a vote of thanks be extended to Mr . Emery for his able and lengthy description of the work involved in his report . This motion was secondedandpassed by vote of the meeting . Dr . Tilton then offered the motion that in view of the fact that it was impossible to vote intelligently upon such a re nor t that it be printed and distributed to the voters , or at least to the Town Meeting Members . Rem arks were made by Mr . Patrick Flynn and Mr . Eugene T . Buckley of possible damages as a result of the drainage . Mr . Edwin B . Worthen called attention to the fact that the Town , May 12 , 1926 , voted to accept Chapter 221 of the Acts of 1926 regarding Sewer Assessment , and Chapter 263 of the Acts of 1926 regarding Drainage Assessment , and he felt that the work of the drainage of Vine 1: rook should be done by assessing betterments . • Mr . Arthur Hutchinson felt that the land should be raised instead of drained and he offered a motion to indefinitely post- pone the whole project . Mr . William H . Ballard stated that he hoped the motion to indefinitely post -pone wouldnot prevail and sug ' ested a committee of three members of each precinct , one member of the Planning Board and one member of the Doard of Selectmen be appointed to study the project . ;60 .n as C) Mr . Edwin B . ':Worthen and Pr . Theodore A . Custsnce hoped that the motion to indefinitely post-pone would not prevail . The meeting voted not to indefinitely post-pone the project . Mr . Thomas Fitzgerald then offeredthe following motion : " VOTED : That a committee of four , one from each precinct , be appointedby the moderator to investigate the matter of Vine Brook Drainage and report its findings at a future meeting . That each of the four members so appointed , be empowered to addthree more members to the committee , saida _'ditional members to be from the respective precinct in which the moderator ' s appointee votes . That the Chairman of the Board of Selectmen ; the Chairman of the Appropriation Committee and. the Chairman of the Planning Board co- operate with said committee andact as a part of same . " This motion was lost by vote of the meeting . Mr . Sydney . . Wrightington stated that be believed that there had been study enough made of the project andthat referrring the matter to further committees would not get anywhere . Dr . Tilton askedthat the question on the printin g of the report be put before the meeting and the follow- ing vote was passed : " VOTED : That the report of the Planning Boardand of Metcalf and Eddy on Drainage and Development of the Vine Brook Drainage Area be printedand distributed to the Town Meeting Members . " The meeting adjourned for four weeks to April 28 , 1930 at 8 P . M . The meeting adjourned at eleven o ' clock P . M . A true record , Attest : • / >6; ,KoL,2i_ e • • • a'• • • • • d • Town Clerk . 361 AMENDMENT TO BY -LAW , TOWN MEETING MARCH 17 , 1930 . Art . 31 . To see if the Town will amend Section 1 of Article XIV of the " Code of By- laws of 1922 of the Town of Lexington " , by striking out at the end of the second paragraph the words " and none of whom shall be eligible for immediate reappointment upon the expiration of the terms for which they were respectively appointed . " Lexington , Mass . February 24 , 1930 . To the Town Clerk : I have notified the inhabitants of Lexington by posting printed copies of the foregoing warrant in the Post Office , in the vestibule of. the Town Office Building and in six other public places in the Town , and by mailing a printed copy of the same to every registered voter in the town , seven days before the time of said meeting. Attest : James J . Sullivan Constable of Lexington . Art . 31 . On motion of Mr. Robert P . Trask the following vote was passed : VOTED : That Article XIV , Section 1 of the " Code of By- laws of 1922 of the Town of Lexington " be amended by striking out at the end of the second paragraph thereof the words and none of whom shall be eligible for immediate reappointment upon the expiration of the terms for which they were respectively appointed . " Lexington , Mass . March 31 , 1930 . I hereby certify that the foregoing is a true cope of Article 31 in the Warrant for the Annual Town Meeting called for March 3 , 1930 , and of the Constable ' s return on said Warrant . I also certify that the foregoing is a true copy of the vote passed under Article 31 at the adjourned Town Meeting held March 17 , 1930 as the same appears of record . Attest : John H . K azne Town Clerk of Lexington . Boston , Mass . April 10 , 1930 . The foregoing amendment to the by- laws is hereby approved . Joseph E. Warner Attorney General . 362 _ AMENDMENT TO BY-LAW , TOWN MEETING MARCH 17 , 1930 . E Art . 32 . To see if the Town will amend Section 3 (2 ) of Article 1 of the " Code of By- laws of 1922 of the Town of Lexington " , by adding at the end thereof the words " but not include town meeting members . " Lexington , Mass . February 24 , 1930 . To the Town Clerk : I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant i. n the Post Office , in the vestibule of the Town Office Building and in six other public places in the Town , and by mailing a printed copy of the same to every registered voter in the town , seven days before the time of said meeting . Attest : James J . Sullivan Constable of Lexington Art . 32 . On motion of Mr . Robert P . Trask the following vote was passed : VOTED : That Article 1 , section 3 (a ) of the " Code of By- laws of 1922 of the Town of Lexington " be amended by adding at the end thereof the words " but not include town meeting members . " Lexington , Mass . March 31 , 1930 . I hereby certify that the foregoing is a true copy of Article 32 in the Warrant for the Annual Town Meeting called for March 3 , 1930 , and of the Constable ' s return on said Warrant . I also certify that the foregoing is a true cop:r of the vote passed under Article 32 at the adjourned Town Meeting held March 17 , 1930 as the same appears of record . Attest : John H . Kane , Town Clerk of Lexington . Boston , Mass . April 10 , 1930 . The foregoing amendment to the by- laws is hereby approved. Joseph E . Warner Attorney General .