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HomeMy WebLinkAbout1936-03-16-ATM-min 203 Ballots were distributed and collected, the ballots cast being counted as follows : Allen W. Rucker 15 Charles A. McCormack 11 Richard S. McCabe 6 Total 3-2 Allen W. Rucker was declared elected A True Record, Attest: /, /Town fferk-- Lexington, Mass . March 16, 1936. To the Town Clerk: Being duly nominated and elected, I hereby accept said election as a Town Meeting Member of Precinct 3, such term expiring March 1938. Allen W. Rucker FIRST ADJOURNED TOWN MEETING OF TYRE ANNUAL TOWN MEETING HELD MARCH 16, 1936 The Meeting was called to order by the Moderator, Robert H. Holt at 8:07 P.M. There were 188 Town Meeting Members present. Town Clerk, James J. Carroll read the Town. Warrant until by a unanimous vote further reading was waived. • The Town Clerk read the Constables return of the Warrant. Selectmarn Charles Ferguson moved to take up Article 2. Art. 2. Voted: That a committee of three, of which the Modera- tor shall be a member, be appointed to have charge of the Cary Lectures for the coming season. Unanimous 8:09 P.M. Under Article 2 Mr. Rowse, Chairman of Appropriation Committee presented the Appropriation Committee report for the year 1936. It was moved and seconded that the report be accepted and placed on file. Unanimous 8:10 P.M. Selectman Charles Ferguson moved to take up Article 3. Art. 3. Voted: That John C. Russell and Edward C. Maguire be elected as Field Drivers . Unanimous 8:10 P.M. Selectman. Mr. Ferguson moved to take up Article 4. Art. 4. . Voted: That the Town Treasurer, with the approval of the • Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the 204 a revenue of the financial _year_beginning January 1, 1937, and to issue a note or notes therefor, pay- able within one year and to renew any note or note's as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws . Question by Dr. Shannon what year the loans would cover. Motion as presented. Unanimous 8:11 P.M. Selectman Mr. Ferguson moved to take up Article 5. moving that Article_-5 . be indefinitely postponed. Unanimous 8:12 P .M. Selectman Mr. Ferguson moved to take up Article 6. Art. 6. Voted: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in antici- pation of the revenue of the year 1936, in accord- ance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1936. Unanimous 8:13 P.M. Selectman Mr. Ferguson moved to take up Article 7. Art. 7. Voted: That the following amounts be appropriated and assessed for the current year: The moderator stated if no objections, he would continue from one item to the other, also all items were open for questions. The following were voted upon: For the expenses of the Appropriation Committee 600.00 Carried Unanimous 8:19 P.M. For salaries and expenses of the Selectmen's Dept. 5029.77 ( Of which $1,000.00 is for expenses of Selectmen for 1936) Mr. Rowse, Chairman of Appropriation Committee offered the following amendment that vote read: Of which 11,000.00 is for expenses of Selectmen and $1,517.67 for salary of Clerk. Amendment Carried Unanimous 8:23 P .M. The following vote was presented: For salaries and expenses of the Selectmen's Dept. (Of which $1,000.00 is for expenses of Selectmen for 1936 and $1,517.67 for salary of Clerk. ) 4,850.17 Carried Unanimous 8:24 P.M. For the salary and expenses of the Town Accountant 3,767.50 (of which$2775.00 is for salary)Carried Unanimous 8 :25 P .M. For the salary and expenses of the Town Treasurer, 1,788.00 (of which $950.00 is for salary) Carried Unanimous 8:25 P.M. For the salary and expenses of the Collector of Taxes 6,875.00 (of which $2,775.00is for salary) Carried Unanimous 8:25 P.M. For the salary and expenses of the Board of Assessors 5,968.25 (of. which .S1,000.00 is for salary of the Assessors ) Carried Unanimous 8:26 P.M. For other Finance Offices and Accounts 200.00 Carried Unanimous 8:26 P.M. 205 For legal services and expense 2,500.00 (of which $925.00 is for salary of Town Counsel) Carried Unanimous 8:26 P.M. For the salai v and expenses of the Town Clerk 2,213.80 (of which 81,775.00 is for salary of Town Clerk) Carried Unanimous 8:26 PM. For Elections and Registrations 2,299.00 Carried Unanimous 827 P .M. For the salary and expenses of the Supt. of Public Works 4,634.00 (of which #3,300.00 is for salary) Amendment presented by Mr. Rowse, Chairman of Appropriation Committee, vote to read (of which $4,292 .00 is for salary of Supt. of Public Works and Clerk.) Amendment Carried Unanimous 8:28 P.M. For the Salary and Expense of the Supt. of Public Works 4,532.00 (of which $4,292.00 is for salary of Supt. of Public Works and Clerk) Carried Unanimous 8:29 P.M. For the expenses of the Town Office Bldg. and Cary Memorial Building 10,150.48 Amendment presented by Mr. Rows , Chairman of Appropriation Committee vote to read (of which 13,020.48 is for salary of janitors .) Amendment Carried Unanimous 8:35 P.M. For the Expense of the Town Office Building and Cary Memorial Building 9,100.48 (of which $3,020.48 is for salary of Janitors ) Carried Unanimous 8:36 P.M. • For the salaries and expenses of the Engineering Dept.10,298.43 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee, vote to read (of which $9,320.21 is for salaries.) Amendment Carried Unanimous 8:43 P.M. For Salaries and Expenses of the Engineering Department (of which $9,320.21 is for salaries )-. ;. 10,140.21 Carried Unanimous 8:44 P .M. For the Expense of the Planning Board 225.00 Carried Unanimous 8:44 P.M. For the Expense of the Board of Appeals 200.00 Carried Unanimous 8:44 P.M. For the salaries and expenses of the Police Dept. 39,056.01 Amendment presented by Mr. Rowse, Cilairman of Appropriation $Committee, vote to read (of which A32,721.31 is for salaries, 650.00 for trade-in auto and Motorcycle Amendment Carried Unanimous 849 P.M. For the Salaries and Expense of the Police Department ( of which $32,721.31 is for salaries, and 8650.00 for trade-in Auto and Motorcycle) 37,801.31 Carried Unanimous 8:50 P.M. For the Salaries and Expenses of the Fire Department 38,594.53 Carried Unanimous 8 :51 P.M. Mr. Rowse, Chairman of Appropriation Committee offers the follow- ing amendment: For salaries and expenses of the Fire Dept.$38,244.53 Amendment Carried Unanimous 8 :51 P.M. For the salaries and expenses of the Fire Dept . 38,244.53 Carried Unanimous 8:51 P.M. For the salary and expenses of the Building Inspector 1,205.00 (of which $1,045.00 is for salary) Carried Unanimous 8:51 P.M. For the Salary and Expense of the Wire Inspector 620.00 (of which $600.00 is for salary) Carried Unanimous 8:51 P.M. For the Salary and Expenses of the Sealer of Weights 575.00 and Measures - (of which $500.00 is for salary) Amendment presented by Mr. Rowse, Chairman of Appropriation Committee, vote to read (Of which $400.00 is for salary) Amendment Carried Unanimous 8:52 P.M. For the Salary and Expense of the Sealer of Weights and 475.00 Measures - (of which $400.00 is for salary) Carried Unanimous 8:52 P.M. For the protection of Public Shade Trees and for the planting of Shade Trees. 2,772.00 Carried Unanimous 8:53 P.M. For the Expense of Forest Fires 1,000.00 Carried Unanimous 8:53 P.M. For the Salary and Expense of the Dog Officer 150.00 (of which $100.00 is for salary) Carried Unanimous 8:53 P.M. For the Maintenance of Public Health and Sanitation. 6,100.00 Amendment presented by Mr. Rowse Chairman of Appropriation Committee, vote to read (maintainance $6,000.00) Amendment Carried Unanimous 8:54 P.M. For the Maintenance of Public Health and Sanitation. 6,000.00 Carried Unanimous 8:55 P.M. For the Expense of the Dental Clinic. 1,850.00 Carried Unanimous 8:55 P.M. For Vital Statistics. 50.00 Carried Unanimous 8:56 P.M. For the Salary of the Inspector of Animals. 500.00 Carried Unanimous 8:56 P.M. For the Salary of the Inspector of Slaughtering. 600.00 Carried Unanimous 8:56 P.M. For the Salary and Expenses of the Plumbing Inspector, 850.00 (of which $800.00 is for salary) General discussion regarding salary of Plumbing In- sytt2IzgAmendment for reduction of salary lost 85 to 81 9 :02 P.M. Original Motion as presented carried unanimous 9:03 P.M. For the Expenses of the Sewer Maintenance Dept. 4,200.00 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee, vote to read (of which $1,020.00 is for salaries of Superintendent and Clerk.) Amendment Carried Unanimous 9:04 P.M. For the Expenses of the Sewer Maintenance Department 4,110.00 (of which $1,020.00 is for salaries of Superintendent and Clerk. Carried Unanimous 9:05 P.M. For Removal of Ashes and Care of Dumps. 1,920.00 Carried Unanimous 9 :06 P.M. or he Expense of Collecting Garbage. 3,600.00 Yes Tellers No Carried Unanimous 9:06 P.M. 20 Pierce 2 30Redman- i 19 'iudd 12 Sarano- 24 81 85 Declared lost 9 :02 P.M. 207 For the Maintenance and Care of Highways 40 000.00 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee to read (of which $5,360.00 is for salaries of Superintendents and Clerk.) Amendment Carried Unanimous 9:14 P.M. For the Maintenance and Care of Highways 40 000.00 (of which 5,360.00 is for salaries of Superintendents and Clerk Carried Unanimous 9:15 P.M. For Expense of Removal of Snow and Ice. 18,000.00 Carried. Unanimous 9:15 P.M. For the Expense and Operation_ of the Public. Wks. Bldg. 9,025.00 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee vote to read(of •which $6,400.00 is for labor.) Amendment. Carried Unanimous 9:16 P.M. For the Expense " and Operation:.:of the Public_ Works Bldg. 8,425.00 (of which $6,400 is for labor) Carried Unanimous 9:16. P.M. For the Expenses of Traffic Regulation and Control 1,587.50 Amendment presented by Mr. Rowse, Chairman of Appropriation CoCommitteel,vote to.�ead (for expenses of Traffic Regulation and 417Amendment Carried Unanimous 9:17 P.M. For Expenses of Traffic Regulation and Control. ,417.50 UnanimousCarried 9:17. P.M. 1 For the Expenses of Street Lights . 22,500.00 Carried. Unanimous 9:18 P.M. For the Construction-. and_ Repair of Street Signs. 200.00 Carried.Unanimous 9:18. P.M. For the Expense of the Public Welfare Department. 50 000.00 Carried Unanimous 9:18 P.M. For Old Age Assistance in accordance with the General Laws, Chapter 118A and Chapter. 402, inserted by Acts of •1930. 10,500.00 For State Aid. Carried Unanimous 9:19 P.A . 300.00 For Military Aid. Carried Unanimous 9:19 P.M. 250.00 For Soldiers ' Burials. Carried Unanimous 9:19 P.M. 100.00 For Soldiers ' Relief. Carried Unanimous 9:19 P .M. 3,500.00 For the Salary of the Town Physician. 7 Carried Unanimous 9:19 P .M. 50.00 For the Support of Public Schools. Carried Unanimous 9:19 P.M. 219,920.53 For the Support of the Libraries. Carried Unanimous 9:20 P.M. 12,632.59 For the Maintenance of Public Parks and Playgrounds 14,300.00 Carried Unanimous 9:20 P.M. 208 cii For the proper observance of Memorial Day, to be ex- pended under the direction of the Sons of Union Veterans of the Civil War. 250.00 Carried Unanimous 9:20 P.M. For the expenses of the April 19th celebration. 500.00 Carried Unanimous 9:20. P .M. For Insurance. 3,902.24 Carried Unanimous 9:20 P.M. For the Administration of Trust Funds. 70.00 Carried Unanimous 9:21 P.M. For the Expense of printing and publishing the Town Report. 1,126.73 Carried Unanimous 9:21 P .M. For Unclassified Expenses . 500.00 Carried Unanimous 9:21 P.M. For the Water zintenance Account, and that the amount of receipts in excess of, this appropriation and the appropriation for Water Maintenance Replacements be reserved to be appropriated for Water Dept. purposes . 63,194..17 Carried Unanimous 9:21 P.M. For Water Maintenance Replacements. 1,500.00 Carried Unanimous 9:22 P.M. For the Maintenance of Munroe Cemetery. 1,600.00 Carried Unanimous 9:22 P.M. For the Maintenance of Westview Cemetery, 1,600.00 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee vote to read (for the Maintenance of Westview Cemetery $2,500.00 to be transferred from account of sale- of-lots fundO. Amendment Carried Unanimous 9:46 P.M. For the Maintenance of Westview Cemetery to be 3,500.00 transferred from account of Sale-of-lots Funds . Carried Unanimous 9:47 P.M. For Payment of Interest in Public Debt. 19,000.00 Carried Unanimous 9:22 P .M. For Payment of the Bonded Indebtedness maturing in 1936, the sum of 107,740.12 Carried Unanimous 9:23 P.M. For Hydrant Rentals 7,950.00 General discussion from several speakers regarding the passing of being in favor of the motion. By voice vote motion was declared lost unanimous.9:45 P.M. Art. 9. Voted: That the sum of 83,500.00 be appropriated for the Reserve Fund as provided by Chapter 40, Section 6, General Laws. Carried Unanimous 9::50 P.M. Art. 8. Voted: That the sum of . 1,855.00 be appropriated and • assessed for the Suppression of Gypsy and Brown Tail Moths , and other pests, in accordance with Chapter 132, General Laws , and amendments . Carried Unanimous 9:50 P.M. 209 Art. 10. Voted: That the following sums be appropriated and assessed for pensions for retired members of the Police and Fire Departments , under Chapter 32 of the General Laws and amendments : Police Pensions $1,098.00 Fire Pensions 1,110.85 Carried Unanimous 9:51 P .M. Art. 11. Voted: That the Board of Selectmen be authorized to Petition the Director of Accounts of the State for an audit for the year 1936. Carried Unanimous 9:52 P.M. Art 12. Voted: That there be appropriated and assessed for the support of the Posture Clinic, to be expended under the direction of the Board of Health, or by a Committee appointed by said Board, $700.00. Carried Unanimous 9:53 P.M. Art. 13. Voted: That the sum of $3,498.83, this being the town's share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, including interest on temporary notes issued therefor, be and the said sum is hereby appropriated. Carried Unanimous 9:53 P.M. Art. 14. Voted:: That the sum of $1,386.41, being the sum received from the Middlesex County for dog fees, be transferred to the Cary Memorial Library Account. Carried Unanimous 9:54 P.M. Art. 15. Voted: That the Board of Selectmen be authorized to establish a clinic for the free immunization of dogs against rabies, and that the sum of $350.00 be appropriated and assessed for said clinic. Carried Unanimous 954 P.M. Art. 16. Voted: That this article be indefinitely postponed. Postponed Carried Unanimous 9:55 P.M. Art. 17 Selectman Mr. Ferguson moved to take up article 17 . Mr. Borderi offered the following motion: Voted: To amend the Lexington Zoning By-Law by substituting for Section 10, a new Section 10 reading as follows : Section 10. Existing Uses and Buildings . Any use or build- ing or part of a building which, at the time of the adop- tion of the original Lexington Zoning By-Law was and still is being put to a non-conforming use, may continue to be used for the same purpose, and may be repaired or structurally altered; but no such building, if destroyed to the extent of 90 Per cent of its insurable value, shall be rebuilt, nor shall such building be extended or enlarged, nor shall it be used for a different purpose except subject to the provisions of Section 9. Mr. Neil Borden, of the Planning Board, presented the following report: Report of the Planning Board on the following proposed Zoning Amendment, as it appears under Article 17 in the Warrant for the Town Meeting to be held March 16, 1936. To amend the Lexington Zoning By-Law by substituting for Sec- tion 10, a new Section 10 reading as follows : Section 10. Existing Uses and Buildings. Any use or building or part of a building which, at the time of the adoption of the original Lexington Zoning By-Law was and still is being put to a non-conforming use, may continue to be used for the same Purpose, and may be repaired or structurally altered; but no 210 t=i such building, if destroyed to the extent of 90 per cent of its insurable value, shall, be rebuilt, nor shall such building be extended, or enlarged, nor shall it be used for a different pur- pose except subject to the provisions of Section 9. A public hearing was held February 28, 1936, on the proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board now submits a final report with recommendations to the Town Meeting. ' gen the Lexington Zoning By-Law was originally adopted, the provisions covering non-conforming uses were rigidly drawn looking toward eventual elimination of such non-conforming uses, and, we believe, rightly so. We believe the present wording of the By-Law governing non- conforming uses, may, however, work an unnecessary hardship on property owners who have built up a substantial investment.. The text states that property put to a non-conforming use, "may continue to be used for the same purpose or for purposes not substantially different." However, in the past few years there has been a radical change in business uses . This has been especially so in what might be considered the lighter types of industry and the treatment to be afforded buildings representing substantial investments, presents problems which in fairness to the owners and to the neighborhood cannot be ignored. The Board is of the opinion that the Zoning provisions should be modified to the extent of permitting properly safe-guarded action by the Board of Appeals in connection with change of uses of such buildings. While an aggrieved citizen may take his case to the Board of Appeals, that body has no authority to change the provisions of the By-Laws and can only apply such provisions as are specifically laid down in the By-Law. Their unanimous approval is necessary. Thus by extending to Section 10 the jurisdiction of the Board of Appeals to include non-conforming uses, the Board believes that provision has been. made to remove an unwarranted prohibition of use and at the same time to safeguard a neighborhood against uses_ which might be detrimental to its character. The Board therefore recommends that the Town adopt this amendment. Neil H. Borden D. E. Nickerson Clem H. Ferguson Edward W. Kimball Lester F. Ellis John A. Sellars Amendment as presented Carried Unanimous 9:59 P.M. 211 Selectman Mr. Ferguson moved to take up Article 18. Mr. Borden Presented vote as follows : Voted: To amend the Lexington Zoning By-Law by adding to Sec- tion 4, R.1 Districts, Paragraph 6, the following sen- tence, to be designated (e) : "(e)" Excavation and removal from the Premises of any sod, loam, sand, gravel, clay or quarried or crushed stone, except that the provisions of Section 9 do not apply when such excavation and removal are incidental to and in connection with the construction of a building for which a Permit has been issued in accordance with the building by-law and this by-law, and when such excavation and removal are permitted under paragraph numbered "4" in the paragraphs headed 'In R.1 Districts ' ." Mr. Borden reads report as Follows: , Report of the Planning Board on the following proposed Zoning Amendment, as it appears under Article 18 in the Warrant for the Town Meeting to be held March 16, 1936. To amend the Lexington Zoning By-Law by adding to Section 4, R.1 Districts , Paragraph 6, the following sentence, to be designated (e) :- le) Excavation and removal from the premises of any sod, loam, sand, gravel, clay, or quarried or crushed stone, except that the provisions of Section 9 do not apply when such excavation and removal are incidental to and in connection with the construction of a building for which a permit has been issued in accordance with the building by-law and this by-law, and when such excavation and removal are permitted under paragraph numbered "4" in the paragraphs headed 'In R.1 Districts ' ." A public hearing was held February 28, 1936, on the proposed amendment, after the notices given in accordance with the Lexington ByTLaw, and the Planning Board now submits a final report with re- commendations to the Town Meeting. In presenting this amendment, the Board believes that it is providing an effective means against reoccurrences of devastating projects such as occurred a short time ago in the northerly part of the Town, and has at the same time left the opportunity for the dis- posal by the farmers, of sufficient quantities of sod, sand, loam and gravel to meet the day to day needs of the average citizen; with- out a cumbersome process of permits. There is no difference in opinion that the sale of such natural resources , in reasonable quantities , is a part of normal farming activities and the Board feels that the proposed addition makes no change in the status of the operation of such sand and gravel pits as are now being carried on as non-conforming uses . While it is generally agreed that our present By-Law is suf- ficiently inclusive to achieve the desired ends, it does so in an indirect manner and it is felt the addition of a paragraph dealing directly with requirements for excavation and removal will act as a deterrent against attempts toward further wholesale operations in residential sections. The Board therefore recommends that the Town adopt this amend- ment. Neil H. Borden Lester F. Ellis D. E. Nickerson Edward W. Kimball Clem H. Ferguson John A. Sellars 212 c, x Mr. Neil McIntosh moved indefinite postponement. Mr. T. A. Custance moved to lay on table. To lay on table lost unanimous 10:14 P.M. General discussion--various speakers. Question for indefinite postponement of main motion. Motion to postpone declared lost unanimous 10 :30 P.M. Main question of Article 18 as presented Yes Tellers No 18 Pierce 17 25 Rudd 21 25 Redman 24 32 Sarano 4 100 66 Declared lost 10:°32 P.M. Selectman Mr. Ferguson moved to take up Article 21. Mr. Houghton, Chairman School Committee Presented the following: Voted: That the sum of $1,070.00 be appropriated and assessed for the payment of tuition of pupils attending Voca- tional School. Carried Unanimous 10:33 P.M. Selectman Mr. Ferguson moved to take up Article 22. Mr. Houghton, Chairman School Committee presented the following: Voted: That the sum of $200.00 be appropriated and assessed for the maintenance of classes for instruction in Americanization. Carried Unanimous 10:34 P .M. Selectman Mr. Ferguson moved to take up Article 23. Mr. Houghton, Chairman School Committee presented the following: Voted: That the sum of 0125.00 be appropriated to pay the necessary expenses of the Superintendent of Schools incurred outside the Comuionwealth in securing infor- mation upon matters in which the Town is interested or which may tend to improve the service in the School Department. Carried Unanimous 10:35 P.M. Mr. Hill moved meeting adjourn until March. 23, 1936 at 8 P.M. Seconded. Carried Unanimous 10:35 P.M. A True Record: / Attest: own C l e' W/ 2143 SECOND ADJOURNED TOWN MEETING OF THE ANNUAL TOWN MEETING HELD MARCH 23, 1936 The meeting was called to order at 8:08 P.M. by the Town Clerk, James J. Carroll. There were 174 Town Meeting Members present. On account Moderator, Robert H. Holt being absent, Town Clerk states in order to elect a Moderator Pro-Tem to conduct the meeting, and if agreeable with the Town Meeting Members a motion would be acceptable for nominations for Moderator Pro-Tem to be made from the floor. Motion made and seconded the nominations fen. Moderator Pro-Tem be made from the floor. Unanimous Vote 8:09 P.M. Motion made and seconded Representative Joseph R. Cotton act as Moderator Pro-Tem. Motion made and seconded nominations be closed. Carried Unanimous 8:09 P.M. It was a unanimous vote that Representative Joseph R. Cotton act as Moderator Pro-Tem for the Meeting. Carried Unanimous 8:09 P.M. Representative Joseph R. Cotton as Moderator Pro-Tem was sworn to the faithful performance of his duties by the Town Clerk, James J. Carroll, the Town Clerk turning over the gavel to him. 8:10 P .M. Selectman Mr. Ferguson moved to take up Article 24, presenting the following: Art. 24. Voted: That the following amount be appropriated and assessed for the unpaid bills for the year 1935 of the following account: Law Department, $95.25 Carried Unanimous 8:11 P.M. Selectman Mr. Ferguson moved to take up Article 25, presenting the following: Art. 25. Voted: That the Town raise and appropriate the sum of $6,500.00 for the improvement of Lincoln Street; said sum, or any portion thereof, to be used in conjunction with any money which may be alloted by the State or County, or both, for this purpose. General discussion by several speakers . Mr. B. Hawkins made motion for indefinite postponement. Indefinite postponement lost 8:39 P.M. Main question on Article 25 as presented by Selectman Mr. Fer- guson put to a vote and carried unanimous 8 :40 P .M. Selectman Mr. Ferguson moved to take up Article 26 presenting the following: Art. 26. Voted: That the Town raise and appropriate the sum of $1,200.00 for the improvement of Watertown Street; said sum, or any portion thereof, to be used in con- junction with any money which may be alloted by the State or County, or both, for this purpose. Carried Unanimous 8:41 P.M. 214 Selectman Mr. Ferguson moved to take up Article 27 presenting the following: Art. 27. Voted: That the Selectmen be authorized to install street lights in the following unaccepted streets : Summit Road; Cary Street; Kendall Road; Hamilton Road; Ledgelawn Avenue. Moderator states if no object ions each item be voted upon separately as follows : Summit Road Carried Unanimous 8:42 P.M. Cary Street Carried Unanimous 8:42 P.M. Kendall Road Carried Unanimous 8:42 P .M. Hamilton Road Carried Unanimous 8:42 P .T . Ledgelawn Avenue Carried Unanimous 8:42 P.M. Selectman Mr. Ferguson moved Article 28 be indefinitely post- poned. Carried Unanimous 8:43 P .M. Selectman Mr. Ferguson moved to take up Article 29, presenting the following: Art. 29. Voted: That the Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous day, and Carried Unanimous 8:44 P.M. Voted: That the Town Collector shall turn over to the Town Treasurer daily his collections of the pre- vious day. Carried Unanimous 8:44 P .M. Selectman Mr. Ferguson moved to take up Article 30, Presenting the following: Art. 30. Voted: That the General By-Laws of the Town of Lexington be amended by adding at the end of Article X, Section 1, the words "and of such accounts shall turn over to the Town Treasurer daily his collec- tions for the previous day.", and Carried Unanimous 8:45 P .M. Voted: That the General By-Laws of the Town of Lexington be amended by adding to Article X a new section to be as follows : "Section 2. The Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous day." Carried Unanimous 8:46 P .M. Selectman Mr. Ferguson moved to take up Article 31, presenting the following: Art. 31. Voted: That the Town Clerk shall turn over to the Town Treasurer all fees received by him as Town Clerk. Carried Unanimous 8:47 P.M. Selectman Mr. Ferguson moved to take up Article 32, presenting the following: Art. 32. Voted: That the General By-Laws of the Town of Lexington be amended by adding to ARTICLE XVII a new section, to be as follows : "Section 3. The Town Clerk shall turn over to the Town Trgasurer all fees received by him as Town Clerk. Carried Unanimous 8:47 P.M. 215 Selectman Mr. Ferguson moved to take up Article 33, presenting the following: Art. 33. Voted: That the sum of 41,500.00 be appropriated and assessed to defray the expenses incurred by the Town Counsel in the case of Ryder vs . Town of Lexington, which pertains to Vine BrOok Drainage. Carried Unanimous 8:48 P .M. Selectman Mr. Ferguson moved to take up Article 34, presenting the following: Art. 34. Voted: That the sum of S1,738.55 be appropriated and assessed to satisfy the judgment entered against the Town in the case of Anthony Ross & Son vs. Town of Lexington. Carried Unanimous 8:48 P.M. Selectman Mr. Ferguson moved to take up Article 35, presenting the following: Art. 35. Voted: That the followingsums be transferred to the Excess and Deficiency Account : Fire Alarm Boxes Account $13.00 Highway Construction, Gleason Road #1 $222 .23 Carried Unanimous 8:50 P.M. and that the following sum be transferred to the Water Department Available Surplus Account: Water Construction, Pinewood & Summit Roads Acct. , 8868.30. Carried Unanimous 8:51 P.M. Selectman Mr. Ferguson moved to take up Article 36, presenting the following: Art. 36. Voted: That the Town accept the layout as a town way of Tower Road, from Massachusetts Avenue a distance of approximately 455 feet southerly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easement there- for, and for the purpose of constructing said street the sum of $2,700.00 be appropriated and assessed. General discussion. Motion made for indefinite postponement. For indefinite Postponement declared lost 9 :06 P.M. Main question on Article 36 as presented. Carried Unanimous 9:07 P .M. Selectman Mr. Ferguson moved to take ub Article 37, presenting the following: Art. 37. Voted: That the Town accept the layout as a town way of Richard Road, from Tower Road to near Plymouth Road, a distance of approximately 275 feet, as laid out by the Selectmen0' under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $1,500.00 be appropriated and assessed. Carried Unanimous 9 :08 P.M. 216 cn Selectman Mr. Ferguson moved to take up Article 38, presenting the following : Art. 38. Voted: That the Town accept the layout as a town way of Plymouth Road, from Richard Road to Robbins -Road, a distance of approximately 585 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $3,600.00 be appropriated and assessed. Carried Unanimous 9:09 P.M. Selectman Mr. Ferguson moved to take up Article 39, presenting the following : Art. 39. Voted: That the Town accept the layout as a town way of Hibbert Street, from Massachusetts- Avenue south- westerly, a distance of approximately 230 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 February 15, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $2,000.00 be appropriated and assessed. Carried Unanimous 9 :11 P.M. Selectman Mr. Ferguson moved to take up Article 53, stating the amount should be $5,000.00 instead of $6,000.00, presenting the following: Art. 53. Voted: That the slim of $5,000.00 be appropriated, and assessed for labor and materials on public works and for other expenses in connection therewith, the same to be expended by the Selectmen for aid to persons employed on various projects. Carried Unanimous 9:12 P.M. Selectman Mr. Ferguson moved to take up Article 20. Under Article 20 Mr. Borden moved for indefinite postponement. Indefinite postponement carried unanimous 9 :14 P.M. Selectman Mr. Ferguson moved to take up Article 19. Mr. Borden of the Planning Board presents the following: Art. 19. Voted: To amend the Lexington Zoning By-Law by changing from an R.1 District to a C.1 District the parcel of land described as follows : On the easterly side of Pleasant Street beginn- ing at a point about 100 feet from the northerly line of the Cambridge Turnpike extending north- erly one hundred and fifty (150) feet along Pleasant Street and of a depth of one hundred (100) feet, the southerly side of the said par- cel being Clematis Brook. Mr. Borden reads report of the Planning Board as follows : Report of the Planning Board on the following proposed Zoning Amendment, as it appears under Article 19 in the Warrant for the Town Meeting to be held March 16, 1936. A public hearing was held February 28, 1936, on the proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board now submits a final report with recommendations to the Town Meeting. 217 The Planning Board recommends to the Town Meeting that this petition be denied. While the Board sympathizes with the desire of this petitioner to benefit from a change of her area to a business zone, it believes that the interests of the Town, of property owners along the entire length, and the users of the Cambridge-Concord Turnpike, would be adversely affected by establishment of such business areas at this time. The following considerations have led the Planning Board to its recommendation: The Cmabridge-Concord Turnpike is a high-speed, through- traffic artery and any developments along its way should be carefully located to avoid congestion and to maintain safety. To this end the Planning Board has had the Town Engineering Department working for some time to ^design an overall layout for an-attractive and safe development of Property along this highway. This new turnpike has opened un a large new area for residential development. With a well-worked-out plan of parallelling streets to provide safety and to give sufficient set-back, we may hope for development of attractive residen- tial areas. If unattractive, uncontrolled business areas develop, however, such residential developments are likely to be hindered and safety to travellers endangered. The project is a complicated one, calling for careful study of the topography of the land, the alignment of the road, intersecting streets, future sewer and water require- ments , etc. , and it is the hone of the Planning Board that a plan may be developed which will prove economical to the Town and satisfactory to the abutting owners . The petitioner asks for a business zone not directly on the highway, but any business conducted in the area evidently will cater to automobiles travelling on the highway. Accord- ingly it should be viewed-as part of the highway development and should be subjected to the same considerations as pe- titioners located on that road. Action on one such petition in the Town Warrant, that of Mr. Ernest De Vincent, has been postponed at his counsel's request. Informal approaches have been made to members of the Planning Board by some six additional property owners . Accordingly we know that there ' will be requests for C.1 zones at many points along the high- way. The Planning Board call s to the attention of the Town Meeting Members that control over property use is virtually lost when once a pieceofland has been changed to a business zone, except in so far as control can come through building regulations . We have all seen the unsightly development along Marrett Road in the vicinity of the Lincoln-Lexington line. We have seen such developments as the White Spot on Woburn Street be- yond the Lexington line. The Board believes it would be highly detrimental to Lexington ever to have such a condition in this attractive and historic neighborhood. A year ago the Town gave its support to activities of the Planning Board in its efforts with Boards of neighboring towns to maintain_ the Cambridge-Concord Turnpike as a scenic and safe highway and to prevent an unsightly, unsafe development of road- side stands, gasoline stations, and the like. A bill was pre- sented to and passed by the legislature. Unfortunately the 218 • measure did not receive the governor's approval. Accord- ingly, the Town is forced to devise a plan of its own to secure this result through Lexington. The Planning Board hopes that any action such as that contemplated by this petition may be withheld until the Town Engineering Department can complete its mtudy, and the Planning Board have opportunity to confer with ad- jacent property owners and with town officers, in the hope that it may present to the Town an acceptable over- all plan for logical development along the turnpike. To grant this and deny subsequent petitions will be a procedure of questionable fairness ; to grant all such petitions means an un- safe, unsightly, chaotic development. Neil H. Borden Lester F. Ellis Di E. Nickerson Edward W. Kimball Clem H. Ferguson John A. Sellars Mr. R. Ryder speaks in favor of adoption. Vote taken as follows : Ivy Favor Tellers - Not in Favor 3 Nichols 0 Dr. Walsh 42 1 Kraetzer 44 0 Spencer 36 1- 151 Lost 9:26 P.M. Selectman Mr. Ferguson moved to take up Article 40. Mr. Kraetzer suggests Article 41 be taken up first. Article 40 withdrawn by Selectman Mr. Ferguson. Mr. George E. Smith objects. Motion made and seconded Article 40 be indefinitely postponed. Indefinite postponement carried unanimous 9 :27 P.M. Selectman Mr. Ferguson moved to take up Article 41. Mr. George E. Smith presenting the following:= Art. 41. Moved that the Town of Lexington take for highway purposes 5485 scuare feet, more or less , from the plot of land in front of the Depot, and that they appropriate and assess two thousand dollars ($2,000.00) for regardening the bal- ance of plot and, making a parking square of the taking. General discussion, various speakers . Motion as presented declared lost unanimous 9 :45 P.M. Selectman Mr. Ferguson movedto take up Article 42, presenting the following: Art. 42. Voted: That the sum of $1,100.00 be appropriated and assessed for the3urchase of a power sprayer for the use of the Moth and Shade Tree Division. Carried Unanimous '9 46 P.M. Selectman Mr. Ferguson moved to take up Article 43, presenting the following: Art. 43. Voted: That the sum of $4,500.00 be appropriated and assessed for the purchase of a highway grader for the use of the Highway Division. Carried Unanimous 9:47 P.M. 219 Selectman Mr. Ferguson moved to take up Article 44, presenting the following: Art. 44. Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1936, in accord- ance with law, and to take by eminent domain the necessary easements therefor, and for the Purpose of said installation the sum of $3,100.00 be trans- ferred from the Sewer Assessment Fund. Carried Unanimous 9:49 P.M. Selectman Mr. Ferguson moved to take up Article 45, presenting the following: Art. 45. Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets as may be applied for during the year 1936, in accord- ance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $2,000.00 be transferred from Water Department, Available Surplus, and the sum of 81,000. be transferred from the Water Assessment Fund. Carried Unanimous 9 :51 P.M. Selectman Mr. Ferguson moved to take up Article 46, presenting the following: Art. 46. Voted: That the Selectmen be authorized to construct gran- olithic sidewalks where the abutting owner pays one- half the cost, and for the purpose of said construc- tion the sum of $1,000.00 be appropriated and assessed. Carried Unanimous 9 :53 P.M. Selectman Mr. Ferguson moved to take up Article 47, presenting the following: Art. 47. Voted: That the sum of $900.00 be appropriated and assessed for the installation of granite curbing on the westerly side of Bedford Street from Elm Avenue to a point approximately two hundred (200) feet north of Newcomb & Dailey' s garage. Carried Unanimous 9 :54 P.M. • Selectman Mr. Ferguson moved to take up Article 48, presenting the following: Art. 48 . Voted: That the sum of $2,000.00 be appropriated and assessed for highway maintenance; said sum, or any Portion thereof, to be used in cons-unction with any money which may be allotted by the State or County, or both, for this purpose. Carried Unanimous 9 :55 P.M. Selectman Mr. Ferguson moved to take up Article 49, presenting the following: Art. 49. Voted: That the Town designate the street extending from Hancock Street to Bedford Street by the name of North Hancock Street. Carried Unanimous 9:56 P .M. Selectman Mr. Ferguson moved to take up Article 50, Presenting the following: 220 ,7-ez Art. 50. Voted: That the gum of $1,050.00 be appropriated and assessed for Pleasant Street and Watertomi Street land damages resiting from the reloca- tion or reconstruction of said streets, the pay- ments to be made to each of the following upon receipt of satisfactory release and dismissal of any petition for assessment of damages, as follows : Patrick J. ' Shanahan $450.00 Carried Unanimous 9 :57 P.M. J. Alexander Wilson 200.00 Carried Unanimous 9 :57 P.M. Mary D. Hatch 400.00 Carried Unanimous 9 :57 PM. Selectman Mr. Ferguson moved to take up Article 51, presenting the following: Art. 51. Voted: That the sum of $1,500.00 be appropriated and assessed for the installation of warning signals at Fletcher Avenue at the Boston and Maine rail- road crossing; and that the sum of $100.00 be appropriated and assessed for the maintenance of said warning signals . Amendment presented by Mr. Rowse vote to read that right of way be kept open. Qiiestion by Mr. E. T. Buckley, through Town Counsel, what the rights of the railroad were. Mr. Rowse withdraws his Rmendment. Moderator states not necessary to withdraw Mr. Rowse' s amend- ment for the reason that it was not accepted. Mr. E. T. Buckley suggests Town Counsel draw up an amendment to be accepted the following being presented, that vote read: Upon condition that the Boston and Maine Railroad execute an agree- ment with the Town to keep said way open." Amendment as presented carried unanimous 10:10 P.M. Original motion with amendment presented as follows : That the sum of $1,500.00 be appropriated and assessed for the installation of warning signals at Fletcher Avenue at the Boston and Maine Rail- road crossing; and that the sum of $100.00 be appropriated and assessed for the maintenance of said warning signals, upon condition that the Boston and Maine Railroad execute an agreement with the Town to keep said way open. Carried Unanimous 10:10 P.M. Selectman Mr. Ferguson moved to take up Article 52, presenting' the following: Art. 52. Voted: That the Board of Selectmen be authorized to sell and convey any of the real estate acquired by the Town by foreclosure of tax titles, subject to the approval of a majority of a committee composed 4a,f of the Chairmen of the following committees ; Appropriation Committee Planning Board Board of Assessors School Committee Carried Unanimous 10:11 P.M. Selectman Mr. Ferguson moved to take up Article 54, presenting the following: Art. 54. Voted: That the following salaries be established for the year 1936: Collector of Taxes and Town Collector, $2,775.00 , per annum; Town Clerk, $1,775 .00 per. annum; Town Treasurer, $950.00 per annum. Carried Unanimous 10:12 P .M. 221 Selectman Mr. Ferguson moved to take up Article 55, presenting the following: Art. 55. Voted: That the sum of $3,981.00 be appropriated and assessed for the installation of under ground cable for the Fire Department in Massachusetts Avenue from its junction with Woburn Street to the East Lexington Fire Station. Carried Unanimous 10:14 P.M. Selectman Mr. Ferguson moved to take up Article 56, presenting the following: Art. 56. Voted: That the Selectmen be authorized to install a water main not less than 6" and not more than 16" in diameter in Bloomfield Street from Massachusetts Avenue to Highland Avenue, and for the purpose of said installation the sum of 86,000.00 be trans- ferred from Water Department, Available Surplus . Carried Unanimous 10 :15 P.M. Selectman Mr. Ferguson moved to take up Article 57, presenting the following: • Art. 57 . Voted: That the Selectmen be authorized to install surface water drainage in Bloomfield Street from Massa- chusetts Avenue to Highland Avenue, and for the purpose of said installation the sum of $3,000.00 be appropriated and assessed. Carried Unanimous 10:16 P .M. Selectman Mr. Ferguson moved article 60 be indefinitely post- poned. Indefinite postponement carried unanimous 10:16 P .M. Selectman Mr. Ferguson moved to take up Article 58. Mr. Wood, Chairman Cemetery Commissioners presents following: Art. 58. Voted: That the sum of $200.00 be appropriated and assessed for repair and shingl ing of the Town residence at Westview Cemetery. Carried unanimous 10:17 P.M. Selectman Mr. Ferguson moved to take up Article 59. Mr. Wood, Chairman Cemetery Commissioners, presents the following: Art. 59. Voted: That the sum of $500.00 to be used for grading Purposes at new development in Westview Cemetery , be transferred from "Sale of Lots Funds" Westview Cemetery. Carried Unanimous 10:20 P.M. Motion made by Mr. T. A. Custance and seconded the meeting be dissolved. Carried Unanimous 10:21 P.M. A True Record. Attest : ' 11111 ,X igr Town C . 257 ATTORNEYGENERAL'S APPROVAL SECOND ADJOURNED TOWN MEETING HELD MARCH 23, 1936 Selectman Mr. Ferguson moved to take up Article 29, presenting the following: Art. 29. Voted: That the Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous day, and Carried Unanimous 8:44 P.M. Voted: That the Town Collector shall turn over to the Town Treasurer daily his collections of the Pre- vious day. Carried Unanimous 8:44 P.M. Selectman Mr. Ferguson moved to take up Article 30, presenting the following: . Art. 30. Voted: That the General By-Laws of the Town of Lexington be amended by adding at the end of Article X, Section 1, the words "and of such accounts shall turn over to the Town. Treasurer daily his collec- tions for the previous day." , and Carried Unanimous 8 :45 P.M. Voted: That the General By-Laws of the Town of Lexington be amended by adding to Article X a new section to be as follows : "Section 2. The Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous day." Carried Unanimous 8:46 P.M. Selectman Mr. Ferguson moved to take up Article 31, presenting the following: Art. 31. Voted: That the Town Clerk shall turn over to the Town Treasurer all fees received by him as Town Clerk. Carried Unanimous 8 :47 P.M. Selectman Mr. Fergusonmoved to take upArticle g 32, presenting the following: Art. 32. Voted: That the General By-Laws of the Town of Lexington be amended by adding to ARTICLE XVII a new section, to be as follows : "Section 3. The Town Clerk shall turn over to the Town Treasurer all fees received by him as Town Clerk." Carried Unanimous 8:47 P .M. Lexington, Mass . September 25, 1936 I, James J. Carroll, Town Clerk of Town of Lexington, do hereby certify the above to be exact copies of Articles 29, 30, 31, and 32 as voted at a Second Adjourned Town Meeting held March 23, 1936, and as same appears of record. James J. Carroll Town Clerk Boston, November 6, 1936. The foregoing amendments to the by-laws of the Town of Lexington are hereby approved. Paul A. Dever Attorney General