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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.