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HomeMy WebLinkAbout1939-07-27-STM-MIN 501 SPECIAL TOWN MEET= WD JULY 27, 1939 Meeting called to order by James J. Carroll, Town Clerk. 8:14 P. M. Upon the question by Selectman Archibald R. Giroux, of a quorum being present, an actual count was taken of the Town Meet- ing Members present by the following tellers: Dr. Shannon 31 Dr. Morrill 61 7. Roger Greeley 28 Total Town Meeting Members present 120 - 8:15 P. Y. Account the absence of Robert H. Holt, Moderator, the Town Clerk stated it would be in order for the election of a Moderator Pro-Tem for the meeting. Selectmar Archibald R. Giroux made the nomination of Senator Joseph R. Cotton, for Moderator Pro-Tem, which was seconded, and Senator Joseph R. Cotton was elected as Moderator Pro-Tem for the meeting. 8: 16 P. M. The Town Clerk swore the Moderator Pro-Tem to the faitTlful performance of his duties . 8:17 P. M. The Town Clerk read the warrant for tae meeting, until upon motion, duly seconded and voted, further reading was waived. 8:18 P. M. The Town Clerk read the Constable' s return of warrant. 8:18 P. Y. All articles were presented by Selectmen Archibald R. Giroux, unless otherwise specified. The recommendations of the Appropriation Corrmittee were read as each Article was presented by George M. Hynes. Under Article One, George H. Hynes, of the Appropriation Committee , presented the report of the Appropriation Committee, moving that same be accepted and placed on file, and so voted. eVoted Unanimous 8:19 P. M. Article 2. Presented by Frederic L. Fischer, of the School Com- mittee, as follows: VOTED: That the sum of $100.00 be appropriated to Pay the necessary expenses of the Superintendent of Schools incurred outside the Commonwealth in secur- ing information upon matters in which the Town is interested or which may tend to improve the service in the School Department, and to meet said appro- priation the sum of •-J:100.00 be transferred from School Maintenance, Expense Account. Voted Unanimously 8:21 P. M. Article 3, VOTED: That the Town accept a gift under the will of Emma I. Fiske to be used for the decoration and/ or equipment of the Primary Department of the Adams School, consisting of a collection of minerals, an upright piano, and the sum of $500 .00 . Voted Unanimously 8:22 P. 11, 502 Article 4. Motion made for Indefinite Postponement. Voted. Unanimously 8:23 P. 114 Article 5 . VOTED : That the following unexpended balances be transferred to the Excess and Deficiency Account: 1938 Account, Traffic Control System improvements N5 .50 1938 Account, Planning: Board-Special Engineering work 50.00 Insect Suppression - Truck Replace- ment 148.16 Voted Unanimously 8:25 P. H. Article 6, VOTED: That the Selectmen be authorized to install street lights in the following unaccepted street: Aerial Street. Voted Unanimously 8:26 P.M. Article 8. VOTE23: That the Town under the authority of CM9pter 63 of the Acts of 1939 or under any other authority, authorize the Town Treasurer, with the approval of the Selectmen, to borrow the sum of 623,000.00 for the refunding of loans already lawfully issued for the purpose of meeting in whole appropriations made to repair extraordinary damage to the highways, bridges, or other public works of the Town or any combination of such public works as a result of the storm in September, 1938, and he is hereby author- ized to issue bonds or notes of the town therefor, said bonds or notes to be payable in not more than five years . Amenclment made by Harold 3 . 'Lamont, article read, payable in ten years , instead of five years . Amendment declared lost by a unanimous vote. 8:30 P. M. Original article as presented, voted unanimously 8:30 P. M. Article 7 . VOTEL: That the following amounts be appropriated for expenses for the current year: Maturing Debt 19 .32 Law Department - Expenses 200.00 State Aid 200.00 (which sum is to be transferred from Military Aid) Voted Unanimously 8:34 P. H. Article 9 . VOTED: That the Town rescind the vote passed under Article 19 of the Warrant for the Town Meeting held on March 20, 1939, under which the sum of $4,000.00 was appropriated for the improvement of Bedford Street. Voted Unanimously 8:35 P. M. Articles 10 and 11. Presented by Sydney R. Tri,7htington, Town Counsel, combined, no objection from Town Meeting Members . Mr. Wrightingtaa stated, if there were no objections from the Town Meeting Members , he would not readthe agreement because of the length of same, which. was approved by the Town Meeting Members present. VOTED: That the Town ratify Wand adopt the execution by the Selectmen of a contract with Charles 7. Ryder and others dated July 10 , 1939, for the purpose of settling and compromising litigation and other con- 503 troversies between some or all of them and the Town, a copy of which is annexed to this vote Voted Unanimously 8:45 P. E. AND RTI- VOTJ : That the Town appropriate the sum of 41,000 .00 for the purpose of carrying out the said contract. The Payment of the said sum by the Town shall be made only when the other parties to the said contract simultaneously deliver or cause to be delivered releases as provided in the said contract and Voted. Unanimously 8:46 P. M. CRTHR VOTL,'"): That the proper officers of the Town are author- ized and directed to do such other acts as are necessary for the purpose of performing the obli- gations of the Town under the said contract. Voted Unanimously 8:47 P. L. Article 12 . Presented by Sydney E. Wrightir.c.ton, Town Counsel. VOT7T): That the Town authorize the Assessors to use 28,000 .00 from Free Cash toward the reduction of the 1939 tax rate. Voted Unanimously 8:48 P. M. Article 13. Selectman Archibald R . Giroux states , if no object- ions from the Town Meeting Members, he would not read the article. There were no objections . Permission granted Mr. Poole of Newton to appear upon the floor, there being no objections to same, who spoke in favor of the article . Vernon Page spoke in opposition to the article . Arthur F. Hutchinson moves that the article be indefinitely postponed, which upon a voice vote for indefinite postponement, was doubted, the following standing vote was taken. For indefinite Postponement Tellers Opposed 12 V. Roger Greeley 21 39 Dr. Morrill 16 15 Dr. Shannon 7 66 44 Indefinite postponement carried 9 P.M. Select-mpn Archibald R. Giroux, under Article One, recormends the appointment of a committee of five to study the new plumbing b,r-laws . The Moderator Pro-Tem asks to have such a motion in writing., Article 13 reopened and voted as follows, by unanimous consent. .JURTHER VOMD: That tae sum of 8O .3O be raised and appropriated to pay the cost of printing and folding the said new Plumbing By-Law. Voted Unanimously 9:01 P. E. Article 14 presented by Lester F. Ellis , which, there being no objections from the Town Meeting Members , the article as not read. The report of the Planning Board was read by Clements 7. Ferguson, as follows: 504 •,‘ REPORT OF THE PLANTING BOARD ON T PROPOSED AMEIOMENTS TO TEE LEXINGTON ZONING 1-57-1AT AND MAP AS TT1EY APPEAR UNDER ARTICLE 14 IN TEE WARRANT FOR THE TOWN LEETING TO BE HELD JULY 27, 1939 . A public hearing was held May 18, 1939 , after notices were given in accordance with the Lexington Zoning By-Law, and the Planning Board now submits a final report with recommenda- tions to the town. This amendment is being presented as the result of a joint meeting of the Board of Selectmen, the Appropriation Committee, the Board of Assessors and the Planing Board, and the purpose of the article is to make possible the erection of apartment houses in other than business ( C.1) zones . While technical in details , the change provides for mul- tiple dwelling buildings , restricted in height, lot coverage, front, side and back yard, and garage provisions in such a manner as to properly safeguard residential areas against property devaluation. TIlis amendment is a general permissive act to allow limited apartments in Lexington. The specific location of such a building will come before the t own when and if a build- ing is to be erected. The provisions of this by-law do not conflict with the building code or tenement house act adopted by the town, but are supplementary thereto . This matter had been studied at length at three different occasions during the last six years and the present proposed amendments are the results of past Planning Boardsl work plus a thorough review by the present Board. The Planning Board believes that the adoption of this amendment is to the best interests of the town as a whole and recommends favorable action by this town meeting. U. R. MEET= T7STER T. EMTTS CLEM 7.. TERGUSON ED71-11 B. 7ORTLIEN, JR. D. A. NICT7RSON EDWARD 7. KIMBALL PLANNING BOARD. Article 14, as presented, voted unanimously 9:08 P. M. Article 1. VOTED: That the Moderator name a new committee of 5 from the Town Meeting to study and make recommenda- tions in regard to proposed new plumbing by-laws. Voted Unanimously 9: 10 P. M. Article 15 . Recommendation made that Article 15 be indefinitely postponed, which was voted unanimously 9:10 P. M. Article 16. VOTED: 7-Int the Town accept a gift from Annie P. Shepard of 1386 Massachusetts Avenue, Lexington, Massachasetts , of Forty United States flags to be placed around the Common when so decreed by the Selectmen. Voted Unanimously 9 :14 P. M. 505 Motion made, seconded and voted that the meeting be dissolved. 9:15 P. M. A tie record® Attest: • Town / erk SPECIAL hTING OF TOWN L.LL-ETTNG 1TEH3ERS PFECINCT TL-LrLEE, REIL-IRCE: 20, 1939 The following names were nominated from the floor for elec- tion as a Town Meeting Member for a term ending in 1942. James VT S Tr! th Fletcher T. Taft George P. Wadsworth James W. Smith of 6 Franklin Road was declared elected with eighteen votes . George M. Davis Clerk March 30, 1939 To the Towri. Clerk: I, James W. STnith of 6 Franklin Road, Lexington, Massachusetts, do hereby accept my election as a Town Meeting Member, :held March 20, 1939, of Precinct Three for a term of three years. James W. Smith