HomeMy WebLinkAbout1937-09-27-STM-min 35 . . .
SPECIAL TOWN M77TING HELD SEPTEMBER 271 1937
The meetin was called to order at 8:12 P.M. by the Town
Clerk, James J. Carroll.
There were 156 Town Meeting Members present.
For the reason the Moderator, Robert H. Holt, being absent,
the Town Clerk, James J. Carroll, states it will be necessary to
elect a Moderator Pro-'l'em for the meeting.
Motion made and seconded nominations for Moderator Pro-Tem
be made from the floor.
A Unanimous vote.
Motion made by George R. Fuller Senator Joseph R. Cotton
act as Moderator Pro-Tem.
Above motion seconded.
Motion made and seconded nominations be closed.
It was a unanimous vote that Senator Joseph R.Cotton act
as Moderator Pro-Tem for the meeting.
Senator 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 at 8:14
P.M. , after which Senator Joseph R. Cotton, Moderator Pro-Term
declared the meeting open for business.
Town Clerk James J. Carroll read the warrant for the meeting,
when upon motion of Selectmen Charles E. Ferguson, which was
seconded, further reading of the warrant was waived.
Town Clerk James J. Carroll read the Constable's return of
the warrant for the meeting, 8:15 P.M.
Selectman Charles E. Ferguson moved to take up Article 1. -'
Allan W. Rucker, Chairman of the Appropriation Committee,
presented the report of the Appropriation Committee, which was
voted to be accepted and placed on file. 8:15 P.M.
(Attached Hereto)
Lexington, Mass. , September 25, 1937.
REPORT OF THE APPROPRIATION COMMITTEE
The Appropriation Committee makes the following report with
reference to the Articles contained in the Town Warrant dated Sep-
tember 14, 1937, calling for a special Town. Meeting to be held
September 27, 1937.
ARTICLE 1. To receive the reports of any Board of Town Officers or
of any Committee of the Town and to appoint other Committees.
The Appropriation Committee makes no recommendation
under this Article.
ARTICLE 2. To see if the Town rill vote to appropriate and transfer
money from available funds for engineering work in connection with
obtaining bids and preparing specifications and construction draw-
ings for Vine Brook Drainage.
The Appropriation Committee recommends that under
this Article the sum of $3,000.00 be appropriated
for engineering work in connection with obtaining
bids and preparing specifications and construction
drawings for Vine Brook Drainage and that this
money be provided as follows :
By a .transfer from Engineering Dept.
Personal Services Account - .$1,500.00
By a transfer from Excess & Deficiency
Account - $1,500.00
It is further recommended that the engineering work
include the obtaining of estimates of the cost of
land takings and it is also further recommended that
it is to be understood that the appropriation of
money for this engineering work does not imply that
the Town in any way binds itself to proceed with the
Vine Brook Drainage project.
ARTICLE 3.
Inasmuch as this Article does not involve the appro-
priation of money the Appropriation Committee makes
no recommendation.
ARTICLE 4. To see if the Town will vote to appropriate and trans-
fer sums from available funds to the following accounts :
Public Welfare; Old Age Assistance; Aid to Dependent
Children; Removal of Snow and Ice; Sidewalk Construc-
tion, Sundry Streets; Law Department.
The Appropriation Committee recommends that under
this Article appropriations be made and that amounts
be transferred from Excess & Deficiency Account
as follows :
For Public Welfare, Aid & Expenses $20,000.00
For Old Age Assistance 5,000.00
For Aid To Dependent Children 1,000.00
For Snow Removal 1,500.00
For Sidewalk Construction,
Sundry Streets 500.00
For Law Dept. Personal Services
and Special Fees 650.00
1111111111
-2-
With reference to the recommended appropriation of a
further sum of money for Public Welfare, Aid & Expenses
the following comparative figures are given with
reference to the expenditures and receipts for
Public Welfare for the years 1932 to 1936 inclusive.
Year Expenditures Receipts
1932 $35,300.86 $ 7,040.78
1933 53,233.45 19,222.94
1934 49,075.90 29,953.76
1935 59,578.42 20,090.87
1936 71,450.24 19,494.94
For the year 1937 the expenditures for Public Welfare
and Aid To Dependent Children to September 1st are
$54,871.52 and up to the same date the receipts for
Public Welfare and Aid To Dependent Children are
56,186.32. The figures as given it will be noted
are combined with reference to Public Welfare and
Aid To Dependent Children. This combination of
figures is necessary for the reason that up to the
year 1937 Aid To Dependent Children was known as
Mothers ' Lid and was included in the regular Public
Welfare arocriation. With reference to Public
Welfare receipts it may be stated that these receipts
are estimated at the time the Tax Rate is determined
and to the extent of the estimate the receipts serve
to reduce the Tax Rate in that particular year.
Any receipts in excess of the estimate serve to offset
over-estimates for other departments or at the end
of the year go to the Excess & Deficiency Account.
Therefore, it can not be contended that the entire
receipts of the Public Welfare Department directly
apply to a reduction of the gross cost. The only
exception to this general rule is where receipts
come in from Federal Grants to apply to Aid To De-
pendent Children and in this case the receipts are
set up in a special Trust Account and are used for
expenditures under the same classification.
ARTICLE 5. To see if the Town will vote to appropriate and trans-
fer a sum of money from available funds to defray the expenses
incurred by the Retirement Board established under Chapter 318 of
the Acts of 1936.
The Appropriation Committee recommends that under
this Article the sum of 3250.00 be appropriated and
that this amount be transferred from the Excess &
Deficiency Account. This appropriation is to cover
estimated expenses of the Board of Retirement until
April 1, 1938.
ARTICLE 6. To see if the Town will vote to appropriate and trans-
fer a sum of money from available funds to be paid to the Board of
Retirement as a contribution from the Town for the Pension Accumu-
lation Fund, under the provisions of Section 31G, Paragraph 3 of
Chapter 32 of the General Laws, as amended by Chapter 318 of the
Acts of 1936.
The Appropriation Committee recommends that under
this Article the sum of X1500.00 be appropriated
and that this amount be transferred from the Excess
& Deficiency Account. This appropriation is neces-
sary to provide funds for estimated pension pay-
ments until April 1, 1938.
1MMIIIIII
-3-
ARTICLE 7. To see if the Town will vote to appropriate funds for
labor and materials on public works and for other expenses in con-
nection therewith, to be expendedby the Selectmen for aid to per-
sons employed on various projects, and provide funds therefor by
transfer from available funds.
The Appropriation Committee recommends that under
this Article the sum of 34,000.00 be appropriated
and that this amount be transferred from the Excess
& Deficiency Account. This appropriation is neces-
sary for the purpose of providing funds for the
continuation of projects which have already been
undertaken.
ARTICLE 8. To see if the Town will vote to install an 8" water
main in."Shade Street for a distance of approximately 1320 feet,
subject to the assessment of betterments, and appropriate and
transfer money from available funds therefor; and will authorize
the Selectmen to execute in the name and on behalf of the Town an
agreement with J. Willard Hayden with respect to the said exten-
sion, including a stipulation for non-assessment or abatement of
betterments for future extensions past the property of the said
Hayden.
The Appropriation Committee recommends that under
this Article the sum of $5600.00 be appropriated
and that the money be provided by transfers as
follows :
From Water Dept. Available Surplus
Account 02,840.00
From Water Assessment Fund 620.00
From Excess & Deficiency Account 2,140.00
ARTICLE 9. To see if the Town will vote to appropriate a further
sum of money for the purchase of the real estate numbered 1557 Mass.
Avenue, Lexington, adjoining the Cary Memorial Hall, formerly
owned by the late William L. Barnes, and to provide the money by
transfer from available funds or by the issuance of bonds or notes
of the town.
The Appropriation Committee recommends in addition
to the 325,000.00 previously appropriated for this
purpose that under this Article the further sum of
$4,000.00 be appropriated and that this amount be
obtained by transfer of the sum of 31,000.00 from
the Sale of Real Estate Fund and by issuance of
notes or bonds of the Town for a period of five
years in the amount of 33,000.00
ARTICLE 10. To see if the Town will vote to appropriate and trans-
fer a sum of money from available funds for repairs to the Captain
Parker Monument.
The Appropriation Committee recommends that under
this Article the sum of 3400.00 be appropriated
and that this amount be transferred from the Excess
& Deficiency Account.
ARTICLE 11. To see if the Town will authorize and ratify a settle-
ment of the action of Benjamin B. Meady against the Town for damages,
and appropriate money for the same by transfer from available funds.
The Appropriation Committee recommends that under
this Article the sum of 4500.00 be appropriated and
that this amount be transferred from the Excess &
Deficienc;; Account.
11111111111111111
-4-
<ARTICLE 12. To see if the Town will authorize the Selectmen to
install street lights in the following unaccepted streets :
Spencer Street; Fairview Avenue.
The Appropriation Committee recommends the instal-
lation of street lights in the streets as desig-
nated; this will involve no additional appropria-
tion inasmuch as there is sufficient money in the
Street Lights Account to cover the expense which
may be incurred for the balance of the year.
ARTICLE 13. To see if the Town will vote to appropriate and trans-
fer a sum of money from the Water Dept. Available Surplus Account
to the Water Maintenance Account.
The Appropriation Committee recommends that under
this Article the sum of 01271.62 be appropriated
for Water Maintenance, Wages & Expenses Account,
and that this amount be transferred from Water
Department Available Surplus Account. This addi-
tional appropriation for Water Maintenance, Wages
and Expenses, is recommended for the reason that
the Water Department was required to make payment
out of its current appropriation of the sum of
01271.62 representing an additional amount of
Metropolitan Water Tax for the year 1936. This
expenditure was not anticipated and, accordingly,
no provision therefor was made in the Water Main-
tenance budget for the year 1937.
ARTICLE 14. Tc see if the Town will vote to appropriate and trans-
fer a sum of money from the account for the installation of warning
signals at Fletcher Avenue at the Boston and Maine railroad cross-
ing to the Highway Maintenance Account.
The Appropriation Committee recommends that under
this Article the sum of 0_33.93 be appropriated
for Highway Maintenance Personal Services and that
this amount be transferred from the account for
installation of signals at Fletcher Avenue Railroad
Crossing. The amount of X133.93 represents an un-
expended balance in the Fletcher Avenue signal
installation account and a further sum of money is
required in the Highway Maintenance Personal Ser-
vices Account due principally to the fact that the
Assistant Superintendent was transferred from
W. P.A. activity to the Highway Department at a date
somewhat earlier than was anticipated at the time
the 1937 budget was prepared. Therefore, more money
is required for the payment of salary than was
provided for in the budget.
ARTICLE 15. To see if the Town will vote to appropriate and trans-
fer a sum of money from the Road Machinery Fund to the Road Machinery
Account.
The Appropriation Committee recommends that under
this Article the sum of 01000.00 be appropriated
and that this amount be transferred from the Road
Machinery Fund. Attention is called to the fact
that at the annual Town Meeting this year it was
voted to establish a Road Machinery Fund to which
shall be credited all receipts received for the use
or rental of road machinery, the proceeds to be
appropriated as voted by the Town, for Road Machinery
purposes. Since the establishment of the Road
-6-
Machinery Fund rentals have been credited to the
Fund and charges for the operation of road machinery
have been made to the Road Machinery Account. This
recommended appropriation for the Road Machinery
Account, accordingly, represents a transfer to the
Road Machinery Account of a portion of the money
which has been received for road machinery rental.
ARTICLE 16. To see if the Town will vote to appropriate and trans-
fer a sum of money from the account for Highway Construction,
Lincoln Street, 1936 Contract, to the account for Highway Construc-
tion, Lincoln Street, 1935 Contract.
The Appropriation Committee recommends that under
this Article the sum of N592.60 be appropriated for
Highway Construction, Lincoln Street, 1935 Con-
tract Account and that this amount be transferred
from Highway Construction, Lincoln Street, 1936
Contract Account. With reference to this re-
commended appropriation it may be explained that
due to the fact that the State and County did not
contribute the full amount of their allotments
there is a shortage of 3592. 60 in the 1935 Lin-
coln Street Account. On the 1936 Lincoln Street
Account the State and County failed to contribute
the full amount of their allotments but the un-
expended appropriation balance is not only suffi-
cient to cover this shortage in the State and
County payments but after absorbing this shortage
there will remain an unexpended balance of 3616.84.
Accordingly, after - -kir the tr:;n ,fcr from the
1936 Account to the 1935 Account there will be a
net unexpended balance in the 1936 Account of
324.24.
ARTICLE 17.
Inasmuch as this Article does not involve the appro-
priation of money the Appropriation Committee makes
no recommendation.
ARTICTF 18.
Inasmuch as this Article does not involve the appro-
priation of money the Appropriation Committee makes
no recommendation.
ARTICLE 19. To see if the Town will vote to accept from the Lex-
ington Board of Trade a gift of the two signs marked "Welcome to
Lexington's and located at two entrances to the town, and
appropriate and transfer money from available funds for the
maintenance thereof.
The Appropriation Committee does not approve
the appropriation of any money under this
Article.
• 1.111111111
-6-
ARTICLE 20.
Inasmuch as this Article does not involve the appro-
priation of money the Appropriation Committee makes
no recommendation.
ARTICLE 21. To see if the Town will vote to transfer a sum of
money to the Collector of Taxes as reimbursement on account of
counterfeit money.
The Appropriation Committee recommends that under
this Article the sum of 310.00 be appropriated
and that this amount be transferred from the Excess
& Deficiency Account.
ARTICLES 22 TO 27 INCLUSIV.TF.
Inasmuch as these Articles relate to amendments
in the Lexington Zoning By-Laws and do not involve
the appropriation of money the Appropriation
Committee makes no recommendations thereunder.
Respectfully LubLitted,
/s/ ALLEN W. RUCKER
Chairman
/s/ ROBERT C. MERRIAM /s/ WINTHROP H. BOWKER
/s/ GEORGE M. HYNES /s/ LOUIS E. YEAGER
/s/ ROBERT J. F.LWCETT /s/ ALBERT W. FMMONS
/s/ JAMES H. RUSSELL
Secretary
APPROPRIATION COMMITTEE OF THE TOWN OF LEXINGTON
356
Under Article 1, Selectman Charles E. Ferguson offered
the following:
VOTED: That a committee of three, of which the Moderator
shall be a member, be appointed to have charge of the
Cary Memorial lectures of the current season.
A Unanimous Vote 8:11 P.M.
Under Article 1 William E. Bennett presented the following
report as "Committee's Report on the meaning of the 1936 Act
Relative to Planning Boards .
COMMITTEE'S REPORT ON THE MEANING OF THE 1936 ACT
RELATIVE TO PLANNING BOARDS
.Frurpose of the Act - Chapter 211 of the Acts of 1936 entitled,
Act to Provide an Improved Method of Municipal Planning,"
provides for the elimination of the present Planning Board mad
Board of Survey and creating in its place a new Planning Board.
with the powers and duties of the present Planning Board and.
Board of Survey. The Act grants additional powers to the new
Board not heretofore possessed by either the Planning Board
or the Board of Survey and more definitely defines the duties
and poTers of the new Planning Board than existed under prior
acts.
Organization of Planning Board - The new Planning Board created
under this act is to consist of not less than five nor more than
nine members who are to be elected at the Annual Town Meeting,
to serve for a term of five years, the terms to be so arranged
that the term of at least one member will expire each year. When
such new Planning Board is established, the present Board will
cease to exist and the Board of Selectmen who now act as the
Board of Survey will cease to act as a Board of Survey and the
records and plans of the present Planning Board and the Board of
Survey will be turned over to the new Planning Board.
Duties of Planning Board - The Act provides that the new
Planning Board shall make a master or study plan of the Town
showing among other things existing and desirable proposed
public ways , streets , parks, playgrounds , cites for public
buildings , building and zoning districts, locations of sewer
and water conducts and other pertinent features, which plan shall
be a public record. The Board shall make rules and regulations
governing the submission and approval of plats or plans of sub-
divisions and persons making a subdivision shall submit to such
Planning Board a plat or plan of the proposed subdivision. The
Board shall conduct public hearings after notice by publication
and mailing to abutting o ers notices of such hearing and may
approve, modify and approve or disapprove of such proposed plans
of subdivisions. Before approval of such subdivision plans the
Board shall consider and may require provisions for street devel-
opment and utilities and in proper cases require that such plans
show parks or playgrounds. It shall require that roads be of
proper width and grade and be suitably located and may require
that a bond be given to secure performance in accordance with
ordinances and by laws of the Town. In making its determination
the Board shall take into consideration the prospective character —
of the development whether open or dense residence, business or
industrial. The Board is required to make a detailed record of
all its proceedings and in the case of disapproval of a subdi-
vision plan the record shall state the reasons for such disap-
proval. From a decision of the Planning Board an appeal is
provided to the Superior and Supreme Judicial Courts.
The word subdivision as defined in the act means the
division of a parcel of land into two or more lots - in such
manner as to require provision for a street for the purpose
whether immediate or future, of sale or of building development. . . ."
It is limited to divisions where streetsare required
for the purpose of sale or building development and does not
include divisions where no street is required.
X571
In addition to its duties in making a master plan or map
and in approving or disapprovingof plans for subdivisions, the
Act provides that the Planning oard shall from time to time
report to the Board of Selectmen as to the resources, needs and
possibilities of the Town andshall report annually to the Town
Meeting giving information regarding conditions of the Town and
plans or proposals for its development and estimation of costs
thereof, and may, where authorized by vote at a Town Meeting,
act as 'ark Commissioner and the Town may by ordinance, by-law
or vote refer any matter to the Planning Board to report before
a final action is talz-en thereon.
Enforcement Provisions - The Act provides that no street or
public water-supply, sewer or other municipal utility or improve-
ment shall be constructed inany public or private way within
a subdivision unless such street or public way is approved and
recorded as provided in the Act, and that no permit for the
erection of a dwelling within a subdivision shall be issued un-
less a way giving access to such dwelling appears upon the plan
of such subdivision approved and recorded as provided in the Act.
The Act, however, provides that in case of practical difficulty
and unnecessary hardship the Board of Appeals may, in proper cases,
issue a building permit.
The Act does not authorize the taking of land nor the con-
struction of any way or widening thereof which may be indicated
on a map or plan of the Planning Board nor authorize the discon-
tinuance or the closing of any way or park excepting in accord-
ance with the laws governing such takings and establishment or
closing of ways and parks .
Office Map - Section 81-C of the Act provides that a Town may by
act of its Town Meeting adopt an official map which map may be
added to, changed or altered by action of its Town Meeting, but
no such change or addition to the official map may be adopted
until after a report thereon by the Planning Board and no varia-
tion of a plan, prepared or approved by the Board may be made
excepting upon a two-thirds vote of the Town Meeting. Where a
town adopts such official map, it' is provided that it shall be
recorded with the Registry off Deeds and no street, water sewer
or public utility shall be constructed in any public or private
way unless such way has been placed or made a part of such map
and no building permit to be issued unless a way giving access
is made a part of such map. When a plan of subdivision is ap-
proved by the Planning Board, such plan becomes a part of the
official map. Thereafter, it would appear that any change de-
sired to be made in any subdivision or in other parts of the
Town which would require an alteration or change in the official
map would have to be acted upon at the Town Meeting and before
such a change in the official map becomes effective a public
hearing in relation thereto must be held before the Board of
Selectmen, although no where in the law does it appear that
the Board of Selectmen has any power to veto or suspend or mod-
ify any change made by action of the Town Meeting. Apparently,
the provisions for a hearing before the Board of Selectmen give
the parties aggrieved by such change a right to air their griev-
ances but makes no provision for a determination of any question
at such hearing and no provision is made in the Act for appeal
to Superior or hearing,
Judicial Court from a decision made at
the annual town meeting under 81-C. The Town in accepting the
provisions of Ch. 211 of Acts of 1936 is not required to adopt
an official map. It may operate without one. The advantages
of an official map are not apparent.
Comparison - The law under which the Town now operates provides
for the creation of a Planning Board whose duties are to make a
study of the resources , possibilities and needs of the Town
particularly with respect to conditions injurious to public
health and make plans for the development of the municipality
with reference to proper housing of its inhabitants and to
report thereon to the Annual Town Meeting. Other than making
studies and reporting to the Annual Town Meeting, it has no
power or authority. It merely operates in an advisorycapacity
to the Town Meeting. The Selectmen acting as the Board of
Survey has the duty of passing upon the plans of subdivision.
358
Upon receipt of a plan showing the location of a private way
for public use, the profiles of such way and methods of drainage,
for its approval the Board of Survey gives a public hearing thereon
after which hearing it may approve or modify and approve such
plan and it may from time to time cause plans to be made showing
the location and grades of ways and make plans of drainage. In
considering plans of subdivision and making new plans the Board
of Survey is authorized to take into consideration only the loca-
tion width and gradeof ways and the provisions for drainage.
Under the new act, not only may the Planning Board in acting on
plans of a subdivision, take into consideration the location
width and grade of ways and drainage, but it may consider and
require provisions for street development and utilities and may
require that the plan show a park or parks suitably located for
playground or recreation purposes and may require that the plat
be of such character that it can be used for building purposes
without danger to health and that it may take into consideration
the prospective character of the development whether open residence,
dense residence, business or industrial. The findings and deci-
sions of the Board of Survey are enforced by a provision that no
public way shall be laid out, altered or constructed by any pub-
lie authority excepting in accordance with a plan approved by
the board of Survey and that no public sewer, water-pipe line or
public construction work shall be made upon any private way open
for public travel unless the same has been approvedby the Board
of Survey and no plans showing thereon a proposed way shall be
recorded in the Registry of Deeds unless a certificate of appro-
val of the Board of Survey is endorsed thereon. The words
public authority' which appear as a limitation in the Board of
Survey Act are omitted from the new planning act so the limita-
tion upon the construction of streets may extend to construction
by individuals as well as by public authority.- ,The provision
prohibiting recording of a plan which does not bear approval
endorsed thereon is omitted under the new act. The new act con-
tains a provision forbidding the issuance of a permit for the
erection of any dwelling within a subdivision, unless a way
giving access to such dwelling appears on an approved and re-
corded plan of such subdivision. It is this power to refuse a
building permit that is chiefly relied on as an improvment in
the method of enforcing the decisions of the Board of Survey
or Planning Board. Under the Board of Survey act no appeal was
specifically provided in the statute. Under the new act an
appeal to the Superior Court, and in the case of issuance of
building permits to the Board of Appeals , is provided.
Under the new act a town has the following alternatives :-
1. It may continue to operate under the law under which
the town now operates , or
2. It may establish a planning board under the new act
in which event all of the provisions of the new act become
effective excepting that the town may at its option either pro-
ceed under a study plan or adopt an official map under the S 81C,
pro-
visions of Sec. or
3. It may accept the new procedure and new enforcement
provisions provided in the Act 81F to 810 to be administered by
the Board of Selectmen acting as a Board of Survey without cre-
ating a new planning Board or adopting the provisions relating
to study plans or official maps .
William E. Bennett
Paul R. Hederstedt
Richard E. Rowse
Geo. W. Sarano
Howard E. Custance
359 1
Motion by George W. Sarano report be accepted and placed on
file.
Question by Edward W. Kimball if report to be read and voted
upon at next meeting.
Selectman Archibald R. Giroux states until such time as pre-
ser_ted- to Town Meeting Members to be placed on file and not to be
read at this meeting.
Report read and placed on file - Committee discharged.
A Unanimous Vote 8:17 P.M.
William H. Ballard presented report of Vine Brook Drainage
Committee, moving that same be accepted, placed on file and Com-
mittee be discharged.
TOWN OF LEXINGTON
REPORT OF THE VINE BROOK DRAINAGE COMMITTEE
Authorized by Vote of a Town Meeting held September 21, 1936
June 8, 1937.
Board of Selectmen
Town of Lexington
Lexington, Mass.
Gentlemen:
The Vine Brook Drainage Committee created by a vote passed at a
special Town Meeting on September 21, 1936, submits herewith to the
Town of Lexington through you their report in accordance with the
authorization of their appointment, viz:
"Voted: That the Moderator appoint a Committee of Five Town
Meeting Members representative of all sections of the Town to study and
investigate the Vine Brook Drainage situation, and to make recommenda-
tion to the Town at the Annual Town Meeting.in 1937 as to the ad-
visability of undertaking construction work to improve Vine Brook Drain-
age."
Lexington for many years has endeavored to reach a decision as to
when and how it should improve the surface drainage conditions in the
central and easterly portion of the Town known as the Vine Brook area.
The Town in 1912 employed McClintock Woodfall, engineers, to ad-
vise them as to the drainage of the Vine Brook area. Their report de-
scribed the area and conditions in detail and included plans of the im-
provements which they felt would meet the needs of the Town. In 1927
the Planning Board announced that they had made "an extended study of
the drainage situation and future development of the Vine Brook basin
south of Mass. Avenue" and in 1928 the Town appropriated $1500. for
Planning Board study and plans for Vine Brook Drainage. Metcalf &t
Eddy, engineers, were employed and completed a report under date of Sep-
tember 29, 1928, which report was published and submitted to the voters
of the Town by the Planning Board and Board of Selectmen under date
of May 6, 1930. This report gave consideration only to the North and
South Branches and main channel above Hayes Lane. A committee of
fifteen was appointed on June 9, 1930, and made their report to the Town
on March 23, 1931. This report appears on page 63 of the 1931 Town
Report. This committee included in their studies the section of the main
channel from Hayes Lane to North Street and Butterfields Pond. In
1931 Metcalf 8 Eddy were authorized to prepare preliminary designs for
this section of the Brook.
In 1936 Metcalf Eddy prepared a drainage report covering all of
the five drainage areas in the Town and also prepared estimates of the cost
of construction of main channel of Vine Brook in accordance with pro-
files prepared in the 1928 and 1931 reports.
In 1936 the engineering department of the Town prepared a survey
of areas adjacent to the Brook channel between Hayes Lane and Butter-
fields Pond, and did some field work in connection with the same.
The same Town Meeting which appointed this committee to study
the Vine Brook question also appropriated $3,000. toward the cost of
Report accepted, placed on file and Committee discharged.
A unanimous vote 8:18 P.M.
construction of culverts on Vine Brook at East Street and Bowsers Road
on recommendation of the Selectmen that they proceed with this work in
cooperation with the Work Progress Administration Authorities, it being
estimated that the project would require $8,500. of Federal Funds and
$6,000. of Town Funds. No work has been done at these points. We
are informed by the Selectmen that early in the fall of 1936 they filed
with the Federal authorities preliminary request for a Public Works Ad-
ministration project in respect to the portion of Vine Brook adjacent to
Massachusetts Avenue. No action has been taken by the Federal authori
ties on this preliminary application.
Vine Brook has its source in the North Branch in the Lexington
Reservoir area, and in the South Branch in the meadows on Marrett Road
to Follen Road. These Branches meet south of Vine Brook Road and
flow in a general easterly direction under Vine Brook Road and Massa-
chusetts Avenue, the Boston Z Maine Right of Way, Sherman and Sheri-
dan Streets, largely through a residential area, to Hayes Lane. From this
point the brook flows through meadow and farming area with street cross-
ings at Bowsers Lane, East and North Streets to Butterfields Pond and un-
der Lowell Street at the Lexington-Burlington line. Then the brook con-
tinues at a lower level through the Burlington Meadows, crossing Lex-
ington Street recrossing Lowell Street in Burlington, and continuing on
through Bedford where it joins the Shawsheen River. The Vine Brook
district has an area of about 1,840 acres or nearly three square miles.
The citizens are justified in feeling that any plans recommended or
any work undertaken should be based on sound engineering advice and
approach as nearly a permanent solution as is possible.
Your committee is convinced, therefore, that any study of this proj-
ect must include not only the main channel-of Vine Brook, but the North
and South Branches, the reconstruction of the culvert at North Street, the
possible future needs for a storage reservoir at Butterfields Pond, the prob-
able future relocation and construction of Lowell Street as a part of the
proposed Lowell Turnpike, and the change in conditions that may occur
after completion of this project in respect to the flowage of Vine Brook
through the adjoining Town of Burlington.
We submit our recommendations in the following order—
No. 1—Land Taking.
• No. 2—Construction.
No. 3—Flood storage—Butterfields Pond.
No. 4—North and South Branches.
No. 5—Betterments and Assessments.
No. 6—Estimated cost of No, 1 and No. 2.
No. 7—Financial Facts.
No. 8—Future benefits.
Metcalf £d Eddy, the Selectmen, the Planning Board, and all previous
Committees, have, wisely, in their reports, considered the improvements
of the Vine Brook Area both as a drainage problem and in its relation to
and effect upon other and resulting conditions. This project will provide
a location for a new low-level sewer'southerly from Hayes Lane. It will
also provide an opportunity, when needed, to lay out new streets and in-
stall water mains and extend surface drainage facilities. Vine Brook must
not only be protected but there must be opportunity for full access to it at
all times. In farming areas temporary low dams may be placed in the
channel to prevent the water table from falling too low during• the grow-
ing season. •
Convinced from our studies that the Metcalf Eddy reports are •
sound, and emphatic in our opinion that the Town should secure to it-
self every advantage that may accrue when this work is undertaken our first
recommendation is in reference to land takings.
No. 1—Land Taking.
We recommend that the Town acquire by purchase or eminent do-
main for surface and sanitary drainage purposes the land necessary to
deepen, widen, straighten, and relocate the main channel of Vine Brook
and its North and South Branches, change its location from its present
channel, construct closed conduits in place of open channels, and change
the direction, volume and rapidity of the flow of the said Brook and its
Branches and of any surface or underground water flowing into it. We
• recommend land takings or purchases have a width of 150' through the
meadow and farm areas from North Street to Hayes Lane; a width of 25'
• for conduit use from Hayes Lane to the Town Hall property on Massa-
chusetts Avenue; a width of 60' from Massachusetts Avenue to the North
Branch and along the•North Branch to Waltham Street; and a width of
150' from Vine Brook Road over the relocated North and South Branches
to Marrett Road.
No., 2—Construction.
The latest study of Vine Brook, made by-the engineers, provides for
an open channel from North.Street to near the foot of Sheridan Street.
In places—through flat land—thischannel will be 35 feet wide.. Here,
as elsewhere, land takings should bear relation to the width of the brook.
From the foot of Sheridan Street to Vine Brook Road the original recom-
mendation was a 72-inch closed conduit laid some eight feet below the
bottom of the present brook at Massachusetts Avenue. This we recom-
mend be changed to a 78-inch conduit to be extended southerly from Vine
Brook Road some 150 feet to the present junction of the North and South
Branches, also from the foot of Sheridan Street to Hayes Lane as there
are a number of houses backing up and fairly close to the brook in this
area.
The closed 78-inch conduit will be laid with tight joints. There
will be catch-basin connections at all highways and such additional catch
basins as may be necessary for surface water in land below street levels,
As to the capacity of this conduit, we are advised by the Superintendent of
• Public Works that "the main channel of Vine Brook was designed by Met-
calf &1 Eddy to take care of the runoff from a two year frequency storm
after the tributary area (south of Mass. Ave.) shall have become developed
with 25 % of impervious surfaces," (roads, roofs, sidewalks, drives, etc.).
Well developed areas near the center have about 27% impervious surfaces.
And "the main channel has been designed with a capacity sufficient to carry
away all the water which would be represented by a depth of 7.2 inches
over the entire drainage areas within 24 hours."
We recommend that the Town provide funds and authorize the.Se-
•lectmen to complete the necessary borings, surveys, plans and specifications
so that they may report to the Town in detail as to the estimated costs of
the work recommended from North Street to the junction of the North
and South Branches, and such supplementary work as may be needed on
the North and South Branches to Waltham Street and Winthrop Road,
I I
No. 3—Flood Storage—Butterfields Pond.
Consideration of this item has not previously been presented to the
citizens. Your committee recommend that it is advisable this be given
careful engineering study. We recommend that the Engineering Depart-
ment, at the direction of the Selectmen, consider utilizing Butterfields
Pond as a flood-control Basin, having in mind its relation to the section
of Vine Brook from the Town line down stream to Lexington Street in
Burlington. This study should include such changes in Lowell Street at
Butterfields Pond as may develop as a part of the Lowell Turnpike project
recommended by the Mass. Highway Department.
No. 4—North and South Branches.
Under No. 2 we recommended the Town secure the necessary engi-
neering data which would permit construction of the entire main channel
as far as the junction of the North and South Branches 150' south of Vine
Brook Road.
Your committee does not undertake to say how or when or if ever
the development of the area south of Mass. Ave., as contemplated by
the Planning Board in the 1930 Report, will require consideration. It
is our opinion that the construction work on the main channel will, for
the present, provide adequate drainage for the area served by the North
and South Branches.
We recommend that the Town secure (No. 1) such land by pur-
chase or eminent domain as will give the Town complete control of the
land required for the existing North and South Branches and proposed
future channel locations throughout this area. That, in connection with
and as a part of the construction work on the main channel the present
South Branch be lowered to the new level at the junction point and ta-
pered in level to Winthrop Road. That the North Branch be similarly
lowered to Waltham Street.
That if and when the owners of a substantial amount of land in
these areas south of Mass. Ave. shall petition the Town for any part
or all of the drainage work contemplated by the Metcalf £4 Eddy report
such construction work and improvements be undertaken in accordance
with an agreezn-nt and plan approved by the land owners and the Town.
Following completion of recommendations 1 and 2, we recommend
the improvement of part or all of the North and South Branches, to be
undertaken on petition of the owners having a substantial frontage on
the land acquired by the Town for future drainage purposes, such im-
provements to be in accordance with an agreement and plan to be approved
by the land owners and the Town.
•
No. 5—Betterments and Assessments.
We do not recommend separate assessment of betterments for the
work which we have recommended as immediately desirable under items
No. 1 and No. 2 since land will be acquired on both sides of the stream
and the consequent improvement in value will be taken into consideration
in determining appropriate compensation.
No. 6—Estimated Costs.
Your committee was not provided with any funds. We were there-
fore limited in our work mainly to a consideration of the problems on
the basis of studies already made. From these studies and reports we es-
timate the work that we have recommended as immediately desirable un-
der No. 1, No. 2, No. 3 will cost from $200,000 to $250,000. Of
necessity this estimate is not based upon present day costs. A closer
figure can only be obtained when engineering work has been completed
and detailed plans and specifications prepared.
• No. 7—Financial Facts.
. We are informed that to secure the funds for this project the sum of
$5,500 will in 1937 (should the work be undertaken this year) have to
be transferred from available funds or in 1938 or later years be appro-
priated and assessed; that the Town may borrow for not more than thirty
years the balance of the funds required. The bonded debt of the Town
• in 1931 was $922,500. On December 31, .1937, it will be $373,500
if no further permanent loans are authorized before that time. The
Town's borrowing capacity inside the debt limit will, under the same • _
conditions, be $505,000 on December 31, 1937. The reduction in the . '
Town debt between 1931 and 1937 and the corresponding increase in •
the borrowing capacity inside the debt limit of $505,000 as of December
i 31, 193 7, will indicate that the Town is now in far better financial con-
•
dition to give this project favorable consideration than they were on May
6, 1930, the date on which the Selectmen and the Planning Board pub-
lished and distributed the first Metcalf F� Eddy report to the Town.
No. 8-Future Benefits.
Completion of the improvements to Vine Brook will maintain pres-
ent land values throughout the drainage area and will create and induce
the use for desirable residential purposes large areas not suitable for such
use at the present time. This, in turn, will increase the assessable values
of land and buildings in this area, thus providing a substantial contribu-
tion toward principal of maturing bonds and interest.
Early in this report we referred to the fact that the Selectmen had
made application to the authorities that certain sections of the work on
Vine Brook be considered as Federal projects. In the opinion of your
.committee the Massachusetts Avenue section, which consists of laying a
78" pipe 8' lower than the bed of Vine Brook, and the installation of a
low-level sewer, under four streets and the B. &-M. R. R., is such as to
require skilled help as well as able supervision. We believe a better,
quicker, and possibly a less expensive job will result if this section is done
under competitive contract.
The construction of the open ditch from North Street to Hayes
Lane is a very different proposition and could be undertaken by Town
labor or as a Federal project.
In considering whether the Town should undertake this project at '
the present time and whether all or what part of the work should be
clone, we have had continuous help and cooperation on the part of the
Selectmen and of John W. Raymond, Jr., Superintendent of Public Works
and the Engineering Department. Mr. Raymond was employed by and
•
represented Metcalf & Eddy in their survey and report to the Planning
I Board and Selectmen dated September 29, 1928.
In so far as we can estimate the needs and growth of Lexington for
the next thirty years the changes and improvements to this portion of the
I j main channel of Vine Brook outlined herein will be ample for all surface
rir-1i*,nrto no,,Ac `T'1 o rnmrilOt;r111 of the wnrk Will rPen11- 1n direct and in-
•
•
•
•
•
•
direct benefits not only to the immediate areas concerned but to the Town
as a whole.
We believe the work of deepening, widening, straightening and re-
locating Vine Brook should be done and without further unnecessary post-
ponement. We are unanimous in recommending that the Town proceed
at once substantially as set forth herein.
EDWIN B. WORTHEN,
J. HENRY DUFFY,
ROBERT H. ELDRIDGE,
W. H. BALLARD,
ROY A. FERGUSON,
Vine Brook Drainage Committee.
360
Selectman Charles E. Ferguson moves to take up Article
2, offering the following:
Art. 2. VOTRn: That the Selectmen be authorized to
obtain engineering information and advice with respect
to the recommendations for the improvement of Vine Brook
drainage contained in the report of the Vine Brook
Drainage Committee presented at this meeting, and, with-
out binding the Town to undertake or perform any con-
struction of a Vine Brook drainage project to have con-
struction drawings and contract specifications prepared
for the same, to obtain one or more bids from responsi-
ble contractors for the performance of the work, and
estimates of the cost of acquiring any necessary land or
easements by purchase or eminent domain, the results of
this investigation to be reported to the Town at a future
meeting; and that for this purpose the sum of $3,000.00
be appropriated, the funds therefor to be provided by the
transfer of $1,500.00 from the Excess & Deficiency Account,
and by the transfer of $1,500.00 from the Engineering
Department--Personal Services Account.
The following presented by Allan W. Rucker, Chairman of
the Appropriation Committee:
The Appropriation Committee's recommendation under
this Article is more or less mandatory in view of the
fact that the Town voted in March to have a special com-
mittee advise it with regard to Vine Brook drainage and
knowledge of the total cost of the project is necessary
to fulfill that Committee's recommendations . The Appro-
priation Committee's approval of this particular expen-
diture does not in any manner imply approval of the
construction of a Vine Brook drainage project.
Question by Albert A. Burnham regarding work of Engineers
during the past Spring.
Selectman Archibald R. Giroux asks permission for John W.
Raymond Jr., Superintendent of Public Works, to explain the
question.
Permission granted unanimous .
Question by George W. Sarano why difference in amount
$3,000.00 from original $5,500.00.
Explained work could be done for that mount.
Discussion by various speakers.
Original motion as presented carried unanimously 8:32 P.M.
Edwin B. Worthen asks permission to return to Article 1
presenting a motion, which the Moderator Pro-Tem, asked to have
put in writing.
Selectman Charles E. Ferguson moves to take up Article 3,
offering the following:
Art. 3. VOTED: That the Town release to the Arlington Five
Cents Savings Bank of Arlington, Massachusetts, all rights
and easements it may have in the portion of the premises
at the corner of Massachusetts Avenue and Grant Street,
Lexington, which was conveyed to the said Arlington Five
Cents Savings Bank by Caroline A. Harrington by deed
dated December 5 1935, recorded with Middlesex South
District Deeds , Book 6059 Page 147 which lies northwest-
erly of the line marked "140 _+ Proposed Line" on a Plan
of Land in Lexington, Mass. by John T. Cosgrove, Town
Engineer, dated April 28, 1937 , and that a majority of
the Selectmen be, and they hereby are, authorized to
execute, and the Town Treasurer to countersign, a deed
to the said Arlington Five Cents Savings Bank releasing
361
said rights and easements in the form submitted to this
meeting, and the signatures of said Officers thereto
shall be sufficient to identify the deed referred to in
this vote for all purposes, and deliver the same upon the
execution and delivery to the Town by the said Bank of a
deed conveying to the Town the land shown on the said
plan between the thread of Vine Brook and the said line
marked on the said plan "140 -:.Proposed Line" free and
clear of all encumbrances.
Town Counsel, S. R. Wrightington, explains the Article.
Vote as presented, Carried Unanimous 8:39 P.M.
Edwin B. Worthen presents motion in writing as requested by
the Moderator under Article 1, as follows :
VOTED: That the Moderator appoint a Committee of three who
shall determine the extent of the flooded areas in the north
and south branches of Vine Brook basins and in the basin of
the main channel, secure data as to the price at which these
areas may be purchased by the Town and to report at a later
Town Meeting.
Discussion by various speakers .
Moderator presents motion, which was declared lost 8:44 P.M.
Selectman Charles E. Ferguson moves to take up Article 4,
offering the following:
Art. 4. VOTED: That the following amounts be appropriated and
transferred from the Excess and Deficiency Account :
Public Welfare, $20,000.00 Carried Unan. 8:45 P.M.
Old Age Assista_rtce 5,000.00 Carried Unam. 8:45 P.M.
Aid to Dependent Children 1,000.00 Carried Unam. 8 :45 P.M.
Removal of Snow and Ice 1,500.00 Carried Unam. 8:45 P.M.
Sidewalk Construction, Sundry Sts . 500.00 Carried Unam. 8 :45 P.M.
Law Dept. 650.00 Carried Unam. 8:45 P.M.
Selectman Charles E. Ferguson moves to take up Article 5,
offering the following :
Art. 5. VOTED: That the sum of $250.00 be appropriated and trans-
ferred from the Excess and Deficiency Account to defray
the expenses incurred by the Retirement Board established
under Ch. 319 of the Acts of 1936.
Carried Unanimous 8 :46 P.M.
Selectman Charles E. Ferguson moves to take up Article 6,
offering the following :
Art. 6. VOTED: That the sum of $1,500.00 be appropriated and
transferred from the Excess and Deficiency Account to be
paid to the Board of Retirement as a contribution from the
Town for the Pension Accumulation Fund, under the provi-
sions of Section 31G, Paragraph 3 of Chapter 32 of the
General Laws, as amended by Chapter 318 of the Acts of
1936.
Carried Unanimous 8:47 P.M.
Selectman Charles E. Ferguson moves to take up Article 7,
offering the following:
Art. 7. VOTED: That the sum of 84,000. be appropriated for
labor and materials on public works and for other expenses
in connection therewith, to be expended by the Selectmen
for aid to persons employed on various projects, and for
this purpose this amount be transferred from the Excess
and Deficiency Account.
Carried Unanimous 8:48 P.M.
362
Selectman Charles E. Ferguson moves to take up Article 8,
offering the following:
Art. 8. VOTED: That an 8" water main be installed in Shade
Street for a distance of approximately 1320 feet, subject
to the assessment of betterments , and that funds for this
purpose be. provided by the transfer of $620.00 from the
Water Assessment Fund; by the transfer of $2840.00 from
the Water Department Available Surplus Account; and by
the transfer of $2140.00 from the Excess and Deficiency
Account;
and that the Selectmen be authorized to execute in the
name and on behalf of the Town an agreement with J. Willard
Hayden with respect to the said extension, including a
stipulation for non-assessment or abatement of betterments
for future extensions past the property an Shade Street of
the said Hayden. Carried Unanimous 8:50 P.M.
Selectman Charles E. Ferguson moves to take up Article 9,
offering the following:
Art. 9, VOTED: That an additional sum of $4,000. be appro-
priated for the purchase of the real estate numbered
1557 Mass. Avenue, Lexington, adjoining the Cary Memorial
Hall, formerly, owned by the late William L. Barnes , and
that this amount be raised by the transfer of 01,000.
from the Sale of Real Estate Fund, and by the sale of
notes or bonds of the Town in the amount of $3,000. ,
issued in accordance with law and payable in not more
than five years from the date thereof.
General discussion by various speakers .
Motion as presented put to a voice vote, the vote not being
unanimous the Moderator asked for a standing vote as follows :
In Favor Opposed
30 George W. Sarano 11
57 Ernest O. Nichols 11
25 Edwin B. Worthen 7
112 29
Carried 9 :06 F .M. -
Selectman Charles E. Ferguson moves to take up Article 10,
offering the following:
•
Art. 10. VOTPL: That the sum of $400.00 be appropriated and
transferredfrom the Excess and Deficiency Account for
repairs to the Captain Parker Monument.
Carried Unanimous 9 :07 P.M.
Selectman Charles E. Ferguson moves to take up Article 11,
offering the following:
Art. 11, VOTED: That the action of the Selectmen in making an
agreement with Benjamin B. Meady dated May 24, 1937 for
the purpose of settlement of an action brought by the said
Meady against the Town, No. 90216 in the Superior Court
for the County of Middlesex, be and it hereby is ratified, •
and for the purpose of carrying out the said settlement
the sum of $500. is appropriated, and for the purpose of
meeting the said appropriation the sum of $500.00 is trans-
ferred from the Excess and Deficiency Account.
Town Counsel S. R. Wrightington explains the article, rec-
ommending that it be voted.
Carried Unanimous 9:08 P.M.
363
Selectman Charles E. Ferguson moves to take up Article 12,
offering the following:
Art. 12. VOTED: That the Selectmen be authorized to install
street lights in the following unaccepted streets :
Spencer Street : Fairview Avenue.
Spencer Street Carried Unanimous 9:09 P. M.
Fairview Avenue Carried Unanimous 9:09 P. M.
Selectman Charles E. Ferguson moves to take up Article 13,
offering the following:
Art. 13. VOTED: That the sum of $1271.62 be appropriated and
transferred from the Water Dept. Available Surplus Account
to the Water Maintenance Account.
Carried Unanimous 9:10 P.M.
Selectman Charles E. Ferguson moves to take up Article 14,
offering the following:
Art. 14. VOTED: That the sum of $133.93 be appropriated and
transferred from the account for the installation of warning
signals at Fletcher Avenue at the Boston and Maine railroad
crossing to the Highway Maintenance, Personal Services
Account.
Carried Unanimous 9:11 P.M.
Selectman Charles E. Ferguson moves to take up Article 15,
offering the following:
Art. 15. VOTED: That the sum of $1,000. be appropriated and
transferred from the Road Machinery Fund to the Road Machinery
Account.
Carried Unanimous 9:12 P.M.
Selectman Charles E. Ferguson moves to take up Article 16,
offering the following:
Art. 16. VOTED: That the sum of $592.60 be appropriated and
transferredfrom the account for Highway Construction,
Lincoln Street, 1936 Contract, to the account for Highway
Construction, Lincoln Street, 1935 Contract.
Carried Unanimous 9:13 P .M.
Selectman Charles E. Ferguson moves to take up Article 17,
offering the following:
Art. 17. VOTED : That Article 3, Section 5 on the General By-
Laws of the Town be amended by substituting for the first
sentence thereof the following:
' The annual meeting of the Town shall be called for
such an hour, and the polls shall be kept open con-
' - tinuously, for voting, until such hour as shall be
set forth. by the Selectmen in the warrant for the
meeting.
Standing vote was taken, results as follows :
In Favor Tellers Opposed
13 George W. Sarano 27
10 Ernest O. Nichols 55
12 Edwin B. Worthen 20
35 102
Declared Lost 9:18 P.M.
364
Selectman Charles E. Ferguson moves to take up Article 18,
offering the following:
Art. 18. VOTFT):ss That the name or the street ssElm Avenues` be
changed to Harrington Road.
Edwin B. Worthen speaks in favor of change being made.
Vote as presented carried unanimous 9:21 P.M.
Selectman Charles E. Ferguson moves that Article 19 be
indefinitely postponed, which was carried unanimous 9:22 P.M.
Selectman Charles E. Ferguson moves to take up Article 20,
offering the following:
Art. 20. VOTED: That the Town accept from the Town of Arlington
the 6 inch water main in Hibbert Street which leads from
the Arlington line for a distance of approximately 250 feet
in a northerly direction.
Carried Unanimous 9:23 P.M.
Selectman Charles E. Ferguson moves to take up Article 21,
offering the following:
Art. 21. VOTED: That the sum of w1O.00 be appropriated- and
transferred from the Excess and Deficiency Account to the
Account for the Collector of Taxes as reimbursement on
account of counterfeit money.
Carried Unanimous 9:24 P.M.
Selectman Charles E. Ferguson moves to take up Article 22,
William H. Ballard offering the following vote :
VOTED: That the moderator appoint a committee of five
to investigate and recommend to the Town whether they
should increase the size of the present Burlington Street
park area of 5.3 acres by purchasing from Peter J. and
Margaret E. Kinneen part or all of the adjoining prop-
erty bounded by Burlington Street, the present town
park, and the Board of Survey streets as shown on plan
of the Town Engineer dated June 3, 1935.
Carried Unanimous 9:26 P.M.
Selectman Charles E. Ferguson moves to take up Article 23,
M1.
Clem H. Ferguson of the Planning Board presenting the
following:
VOTED : That the Town amend the Lexington Zoning By-Law
as follows :
Under Section 3. Districts Defined. (b) , M.1 Dis-
tricts; by striking out Paragraph 1, which reads,
s�Beginning on the easterly line of the Railroad prop-
erty at the northerly side line of Fottler Avenue and
extending along the easterly line of the Railroad
property for a distance of 2,700 feet, thence easterly
inward from said Railroad property a distance of 300
feet, thence southerly parallel with said Railroad
property to a point opposite the point of beginning,
thence westerly to the point of beginning.' , and by
changing the Map in accordance therewith; and by chang-
ing the numbering of Paragraph 2 to become Paragraph 1.
Mr. Clem H. Ferguson reads the following report:
365
REPORT OF THE PLANNING BOARD ON TNF FOLLOWING
PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE
s3 IN ThE WARRANT FOR THE TOWN MEETING TO
BE HETET) SEPTEMBER 27, 1937
Under Section 3. Districts Defined. (b) , M.1 Districts ; by
striking out Paragraph 1, which reads, ?'Beginning on the easterly
line of the Railroad property at the northerly side line of
Fottler Avenue and extending along the easterly line of the Rail-
road property for a distance of 2,700 feet, thence easterly inward
from said Railroad property a distance of 300 feet, thence south-
erly parallel with said Railroad property to a point opposite nhe
point of beginning, thence westerly to the point of beginning. ,
and by changing the Map in accordance therewith; and by changing
the numbering of Paragraph 2 to become Paragraph 1.
A public hearing was held on June 18, 1937, on the proposed
amendment after notices given in accordance with the Lexington
Zoning By-Law, and the Planning Board now submits a final report
with recommendations to the Town.
At the present time there are two areas in Lexington zoned
for light manufacturing purposes . One, plot 250 feet wide upon
each side of the Railroad property extending from Westview Street
(behind the cemetery) in a southerly direction to Center Street,
a distance of 4460 feet and containing approximately 51 acres .
The second, (being the district covered by this amendment) is a
plot 300 feet wide opposite the East Lexington Railroad Station
extending 2,700 feet in a northerly direction from Fottler Avenue
and containing roughly 18 acres .
These plots were laid down as a part of the original Zoning
By-Law in 1924 and while neither has been utilized for manufac-
turing purposes, the Board considers it advisable to have the
North Lexington area available for light manufacturing if and
when a demand should arise.
The former pumping station has been removed from the East
Lexington plot and some six single family houses built during
the past thirteen years , several with the feeling that they
were in a protected residential district.
Acting upon a written request from ten of the resident
property owners in this neighborhood, the Planning Board pre-
sents this amendment and recommends favorable action by the Town.
Edward W. Kimball
Eugene G. Kraetzer
Lester F. Ellis
Wm. Roger Greeley
D. E. Nickerson
Clem H. Ferguson
.............
Carried Unanimous 9:30 P. I.
Selectman Archibald. R. Giroux moves to take up Article 24,
presenting the following:
VOTED: That the Town amend the Lexington Zoning By-Law
and Map by changing the limits of the existing C.1
District as follows :-
366
14. At the junction of Woburn and Lowell Streets
business districts upon each of the corners and extend-
ing for a distance of 200 feet along each street from
the junction points of the side lines of each street
thence back at right angles to each said street until
the exterior lines intersect.
Mr. William R. Greeley of the Planning Board reads the
following report:
REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED
AMENDMENT AS IT APPEARS UNDER ARTICLE 24 IN THE
WARRANT FOR THE TOWN'MEETING TO BE HELD
SEPTEMBER 27 , 1937
To see if the Town will vote to amend the Lexington Zoning
By-Law and Map by changing the limits of the existing C.l Dis-
trict as follows :-
14.
ollows :-
14. At the junction of Woburn and Lowell Streets
business districts upon each of the corners and extending
for a distance of 200 feet along each street from the
junction points of the side lines of each street thence
back at right angles to each said street until the ex-
terior lines intersect.
A public hearing was held August 6, 1937 on the proposed
amendment, after notices given in accordance with the Lexington
By-Law, and the Board now submits a final report with recom-
mendations to the Town Meeting.
The amendment under consideration applies to a comf ercial
zone in which there is a going business andthe petitioner has
a legal right to enlarge or rebuild the structures so long as
the building code and setback provisions are meta
There are at present six similar business districts lo-
cated between a mile and a mile and a half from the center of
the Town, all 100 feet in depth, all at the intersection of two
or more streets , and it is obvious that any treatment afforded
one location should also be applicable to all of the others.
At five of these areas, including the one covered b this
petition, business exterprises are in actual operation. The
Board has repeatedly expressed its opinion that traffic hazards
are increased when business is introduced at outlying intersec-
tions and feels that effort should be directedtowards minimizing
such dangerous conditions as the opportunity is presented.
Lowell Street is actively under consideration for a
throughway layout between Boston and Lowell and when rebuilt
will carry a heavy traffic load with the accompanying inter-
section hazards .
The Planning Board has held several conferences with the
owners of the property at the intersections of Lowell and Moburn
Streets and has received a signed easement which provides that
there shall be no further structures erected at the corners,
within a distance of one hundred and twenty ( 120) feet of the
intersection of the center lines of the two streets.
The Board is of the opinion that this will protect the
interests of the Town by keeping adequate sight lines open.
The Board believes that the total aggregate area now zoned
for business is far in excess of the needs of the Town for a
long time to come. However, it feels that there are advantages
in deeper setbacks, especially where, as in this petition, no
added frontage is involved and where the areas to be changed
are not suited for residential uses .
The Planning Board sees no detrimental effect on the
:367
surrounding property through this proposed amendment and no ob-
jection has been registered or claimed by any party.
The Planning Board recommends favorable action by the Town.
Edward W. Kimball
Eugene G. Kraetzer
Lester F. Ellis
Wm. Roger Greeley
D. E. Nickerson
Clem H. Ferguson
Carried Unanimous 9 ::35 P .M.
Selectrman Charles E. Ferguson moves to take up Article 25.
Attorney Mason Stone representing Mr. Mullen, asked per-
mission to go upon the floor to address the Town Meeting Members .
Permission was granted, Attorney Stone presenting the following
vote:
VOTED: That the Town emend the Lexington Zoning By-Law and
Map- by changing from an R.2 District to a C.1 District
the area bounded and described as follows :-
Beginning at Fottler Avenue on the easterly side of
Massachusetts Avenue, extending southerly 265 feet,
thence turning easterly 190.24 feet to the Railroad
property, then turning northerly along the Railroad
Property, 265.38 feet to Fottler Avenue, thence turn-
ing westerly along Fottler Avenue 174.34 feet to the
point of beginning.
Report of Planning Board read by Mr. Lester F. Ellis as
follows :
REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED
AMENDMENT AS IT APPEARS UNDER ARTICLE 25 IN THE
WARRANT FOR THE TOWN MEETING TO BE HELD
SEPTEMBER 27, 1937
To see if the Town will vote to amend the Lexington Zoning
By-Law and Map by changing from an R.2 District to a C .1 District
the area bounded and described as follows :-
Beginning at Fottler Avenue on the easterly side
of Massachusetts Avenue, extending southerly 265 feet,
thence turning easterly 190.24 feet to the Hailroad
property, thence turning northerly along the Railroad
property 265.38 feet to Fottler Avenue, thence turn-
ing westerly along Fottler Avenue 174.34 feet to the
point of beginning.
A public hearing was held September 2, 1937 on the proposed
amendment, after notices given in accordance with the Lexington
Zoning By-Law, and the Board now submits a final report with
recommendations to the Town Meeting.
The petitioner has used this land for business for years,
and the Town By-Law permits him to do so- in the future, provided
he erects no new structures. The zoning plan looks toward the
eventual return of this parcel to residence uses . This is
logical, as the property across the street is all residential,
and the side street, Fottler Avenue, is itself an approach to
a residential area.
368
There is no demand for increased business areas .
The Planning Board believes therefore that existing in-
terests both commercial and residential will be protected by a
continuation of the present zoning regulations, and the Board
does not advise any change.
Edward W. Kimball
Lester F. Ellis
Eugene G. Kraetzer
Clem H. Ferguson
Wm. R. Greeley
Various speakers discuss the Article.
A standing vote was taken with results as follows :
In Favor Tellers Opposed
26 George W. Saran 9
58 Ernest O. Nichols 8
22 Edwin B. Worthen 12
106 29
Amendment Carried 9:58 P.N.
Selectman Charles E. Ferguson moves to take up Article 26.
Mr. Edward W. Kimball of the Planning Board presented the follow-
ing.
VOTED: That the Town amend the Lexington Zoning By-Law
and Map as follows :-
By changing that part of Section 1. which now reads,
and as shown on the zoning map prepared by J. Henry
Duffy, Town Engineer, and filed with the Town Clerk
March 17 , 1924, and all amendments thereto, which map
as amended is hereby made a part of this By-Law,t* to
read as follows :-
and as shown on the zoning map prepared by John T. Cosgrove,
Town Engineer, and filed with the Town Clerk August 12,
1937, and all amendments thereto, which map as amended is
hereby made a part of this By-Law.
Report of Planning Board presented as follows :
REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED
AMENDMENT AS IT APPEARS UNDER ARTICLE 26 IN TP
WARRANT FOR THE TOWN MEETING TO BE HELD
SEPTEMBER 27, 1937
To see if the Town will vote to amend the Lexington Zoning
By-Law and Map as follows :-
n By changing that part of Section 1, which now reads ,
and as shown on the zoning map prepared by J. Henry
Duffy, Town Engineer, and filed with the Town Clerk
March 17, 1924, and all amendments thereto, which map
as amended is hereby made a part of this By-Law,` to
read as follows :-
and
ollows :-
and as shown on the zoning map prepared by John T.
369
Cosgrove, Town Engineer, and filed with the Town Clerk
August 12, 1937, and all amendments thereto, which map
is hereby made a part of this By-Law.
A public hearing was held on September 2, 1937, on the pro-
posed amendment after notices given in accordance with the Lexing-
ton Zoning By-Law, and the Planning Board now submits a final
report with recommendations to the Town Meeting.
The establishment of new highways and streets since the
adoption of the zoning map and this amendment is necessary to
make the new map a part of the Zoning By-Law, and the Planning
Board recommends favorable action by the Town.
Edward W. Kimball
Lester F. Ellis
Eugene G. Kraetzer
Clem H. Ferguson
Wm. R. Greelev
Carried Unanimous 10:00 P.M.
Selectman Charles E. Ferguson moves to take up Article 27 :
Mr. Donald E. Nickerson of the Planning Board offering the
following:
VOTED: That the Town amend the Lexington Zoning By-Law
as follows:-
By changing under Section 3. (b) , C.1 Districts,
paragraph 11, which now reads : ' On the easterly side of
Bedford Street the property known as the Carbarn prop-
erty, extending from Bedford Street to the Railroad
property, and on the westerly side of Bedford Street
extending southerly from a point opposite the northerly
boundary of the Carbarn property to Reed Street and of
a depthnof 100 feet from the westerly line of Bedford
Street. to read as follows :-
11. On the easterly side of Bedford Street begin-
ning at a Point on the northeasterly side of Bedford
Street said Point being northwesterly and distant 145
feet from the southeasterly terminus of a curve of
radius 816.4 feet and extending southeasterly along
Bedford Street for a distance of 285 feet and extend-
ing in depth to the Boston & Maine Railroad and on the
westerly side of Bedford Street beginning at a Point on
the southwesterly side of Bedford Street said point
being northwesterly and distant 154 feet from a stone
bound marking the southeasterly terminus of a curve of
radius 866.4 feet and extending southeasterly along
Bedford Street to the northeasterly side line of Reed
Street and of a depth of 100 feet from the adjacent
side line of Bedford Street.
4eport of Planning Board presented as follows :
370
REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED
AMENDMENT AS IT APPEARS UNDER ARTICLE 27 IN THE
WARRANT FOR THE TOWN MEETING TO BE HELD
SEPTEMBER 27, 1937
To see if the Town will vote to amend the Lexington Zoning
By-Law as follows :-
By changing under Section 3. (b) , C.1 Districts, par-
agraph 11, which now reads ; "On the easterly side of
Bedford Street the property known as the Carbarn property,
extending from Bedford Street to the Railroad property,
and on the westerly side of Bedford Street extending
southerly from a point opposite the northerly boundary of
the Carbarn property to Reed Street and of a depth of
100 feet from the westerly line of Bedford Street." to
read as follows :-
11. On the easterly side of Bedford Street beginning
at a point on the northeasterly side of Bedford Street
said point being northwesterly and distant 145 feet from
the southeasterly terminus of a curve of radius 816.4 feet
and extending southeasterly along Bedford Street for a
distance of 285 feet and extending in depth to the Boston
& Maine Railroad and on the westerly side of Bedford Street
beginning at a point on the southwesterly side of Bedford
Street said point being northwesterly and distant 154 feet
from a stone bound marking the southeasterly terminus of
a carve of radius 866.4 feet and extending southeasterly
along Bedford Street to the northeasterly side line of
Reed Street and of a depth of 100 feet from the adjacent
side line of Bedford Street.
A public hearing was held on September 2, 1937 on the pro-
posed amendment after notices given in accordance with the
Lexington Zoning By-Law, and the Planning Board now submits
a final report with recommendations to the Town.
The purpose of this amendment is to provide an accurate
description of an existing zone based on permanent markers .
It is technical in nature and -does not change the area or
location of the present commercial zone.
The Planning Board recommends favorable action by the
Town.
Edward W. Kimball
Lester F. Ellis
Eugene G. Kraetzer
Clem H. Ferguson
Wm. R. Greeley
Carried Unanimous 10:02 P.M.
Motion by Selectman Charles E. Ferguson which was seconded,
meeting be dissolved.
Carried Unanimous 10:03 P .M.
A true record.
Attest:
/Town Clef . /
371
ATTORNEY GENERAL'S APPROVAL
SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937
Selectman Charles E. Ferguson moves to take up Article 23,
Mr. Clem H. Ferguson of the Planning Board presenting the follow-
ing
-VOTED: That the Town amend the Lexington Zoning By-Law
as follows
Under Section 3. Districts Defined. (b) , M.1 Dis-
*ricts ; by striking out Paragraph 1, which reads,.
Beginning on the easterly line of the Railroad prop-
erty at the northerly side line of Fottler Avenue and
extending along the easterly line of the Railroad
property for a distance of 2,700 feet, thence easterly
inward from said Railroad property a distance of 300
feet, thence southerly parallel with said Railroad
property to a point opposite the point of beginning,
thence westerly to the point of beginning.", and by
changing the Map in accordance therewith; and by chang-
ing the numbering of Paragraph 2 to become Paragraph 1.
Planning Board presents report.
Carried Unanimous 9:30 P.M.
Lexington, Mass .
October 18, 1937
I, James J. Carroll, Town Clerk of the Town of Lexington,
Mass. , do hereby certify that the above is a true and exactcopy
of Article 23 as passed at a special town meeting held September
27, 1937, and as same appears of record.
James J. Carroll
Town Clerk
Boston, Mass. , November 9, 1937 .
The foregoing amendment to zoning by-law is hereby
approved.
Paul A. Dever
Attorney General .
SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937
Selectman Archibald R. Giroux moves to take up Article 24,
presenting the following:
VOTED: That the Town amend the Lexington Zoning By-Law
and Map by changing the limits of the existing C.
District as follows :-
14. At the junction of Woburn and Lowell Streets
business districts upon each of the corners and extend-
ing for a distance of 200 feet along each street from
X72 .
the junction points of the side lines of each street
thence back at right angles to each said street until
the exterior lines intersect.
Planning Board presents report.
Carried Unanimous 9:35 P.M.
Lexington, Mass .
October 18, 1937
I, James J. Carroll, Town Clerk of the Town of Lexington,
Mass . , do hereby certify that the above is a true and exact
copy of Article 24 as passed at a special town meeting held
September 27, 1937, and as same appears of record.
James J. Carroll
Town Clerk
Boston, Mass. , November 9, 1937.
The foregoing amendment to zoning by-law is hereby
approved.
Paul A. Dever
Attorney General.
SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937
Selectman Charles E. Ferguson moves to take up Article 25.
Attorney Mason Stone representing Mr. Mullen asked per-
mission to go upon the floor to address the Town meeting Members .
Permission was granted, Attorney Stone presenting the following
vote:
VOTED: That the Town amend the Lexington Zoning By-Law
and Map by changing from an R.2 District to a C.1 District
the area bounded and described as follows :-
Beginning
ollows-Beginning at Fattier Avenue on the easterly side of
Massachusetts Avenue, extending southerly 265 feet,
thence turning easterly 190.24 feet to the Railroad
property, then turning northerly along the Railroad
property, 265 .38 feet to Fottler Avenue, thence turn-
ing westerly along Fattier Avenue 174.34 feet to the
point of beginning.
Planning Board read retort.
A standing vote was taken with results as follows :
In Favor Tellers Opposed
26 George W. Sarano 9
58 Ernest 0. Nichols S
_22_ Edwin B. Worthen 12
106 29
Amendment carried 9:58 P.M.
373
Lexington, Mass.
October 18, 1937
I, James J. Carroll, Town Clerk of the Town of Lexington,
Mass ., do hereby certify that the above is a true and exact copy
of Article 25 as passed at a town meeting held September 27,
1937, and as same appears of record.
James J. Carroll
Town. Clerk
Nov. 3, 1937 .
The foregoing Zoning By-Law is hereby approved.
Paul A. Dever
Attorney General.
SPECIAL TOWN MEETING HEM SEPTEMBER 27, 1937
Selectman Charles E. Ferguson moves to take up Article 26.
Mr. Edward W. Kimball of the Planning Board presented the follow-
ing:
VOTED: That the Town amend the Lexington Zoning By-Law
and Map as follows :
By changing that part of Section 1. which now reads,
and as shown on the zoning map prepared by J. Henry
Duffy, Town Engineer, and filed with the Town Clerk
March 17, 1924, and all amendments thereto, which map
as amended is hereby made a part of this By-Law," to
read as follows :-
and as shown on the zoning map prepared by John T.
Cosgrove, Town Engineer, and filed with the Town Clerk
August 12, 1937, and all amendments thereto, which map
as amended is hereby made a part of this By-Law.
Report of Planning Board presented.
Carried Unanimous 10:00 P.M.
Lexington, Mass.
October 18, 1937
I, James J. Carroll, Town Clerk of the Town of Lexington,
Mass . , do hereby certify that the above is a true and exact copy
of Article 26 as passed at a special- town meeting held September
27 , 1937 , and as same appears of record.
James J. Carroll
Town Clerk
Boston, Mass. , November 9, 1937.
The foregoing amendment to zoning by-law is hereby approved.
Paul A. Dever
Attorney General.
374cn
SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937
Selectman Charles E. Ferguson moves to take up Article
P7 .
Mr. Donald E. Nickerson of the Planning Board offering
the following:
VOTED: That the Town amend the Lexington Zoning By-Law
as follows :-
By changing under Section 3. (b) , C.1 Districts,
paragraph 11, which now reads : On the easterly side of
Bedford Street the property known as the Carbarn prop-
erty, extending from Bedford Street to the Railroad
property, and on the westerly side of Bedford Street
extending southerly from a point opposite the northerly
boundary of the Carbarn property to Reed street and of
a depth of 100 feet from the westerly line of Bedford
Street." to read as follows :-
11. On the easterly side of Bedford street begin-
ning at a point on the northeasterly side of Bedford
Street said point being northwesterly and distant 145
feet from the southeasterly terminus of a curve of
radius 816.4 feet and extending southeasterly along
Bedford Street for a distance of 285 feet and extend-
ing in depth to the Boston & Maine Railroad and on the
westerly side of Bedford Street beginning at a point on
the southwesterly side of Bedford Street said point
being northwesterly and distant 154 feet from a stone
bound marking the southeasterly terminus of a curve of
radius 866.4 feet and extending southeasterly along
Bedford Street to the northeasterly side line of Reed
Street and of a depth of 100 feet from the adjacent
side line of Bedford Street.
Planning Board presents report.
Carried Unanimous 10:02 P.M.
Lexington, Mass .
October 18, 1937
I, games J. Carroll, Town Clerk of the Town of Lexington;.
Mass. , do hereby certify that the above is a true and exact
copy of Article 27 as passed at a special town meeting held
September 27, 1937, and as same appears of record.
James J. Carroll
Town Clerk
Boston, Mass. , November 9, 1937.
The within amendment to zoning by-law is hereby approved.
Paul A. Dever
Attorney General.