HomeMy WebLinkAbout1937-12-20-STM-min 3 971
SPECIAL TOWN MEETING HELD DECEMBER SO, 1937
Called to order by the Moderator at 8:10 P.M.
There were 124 Town Meeting Members present.
The Town Clerk, James J. Carroll, read the warrant for the
meeting under motion made and seconded further reading be waived.
Unanimous 8:11 P.M.
The Town Clerk James J. Carroll, read the Constable's
return of the warrant for the meeting.
Selectman Charles E. Ferguson moves to take up Article One.
8:IP P.M.
Under Article 1, Allen W. Rucker, Chairman of the Appropriation
Committee, presented the Appropriation Committee's report for the
meeting, moving that same be accepted and placed on file.
Unanimous 8:13 P.M.
9 •
III
Lexington, Mass . , December 15, 1937
REPORT OF THE APPROPRIATION COMMITTEE
The Appropriation Committee makes the following report with refer-
ence to the Articles contained in the Town Tarrant dated December 7,
1937 calling for a special Town Meeting to be held December 20, 1937.
ARTICLE 1. To receive the report 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 will vote to appropriate and transfer
sums from available funds to the following accounts.
Public Welfare
Removal of Snow & Ice
:L:'w- Department Personal Services &
Special Fees
Law Department - Expenses
Health Department - Expenses
School Maintenance, Other Expenses
Highway Maintenance - Personal Services
Soldier+ s Relief
Police Department - Expenses
The Appropriation Committee recommends that
under this Article appropriations be made and
amounts be transferred from Excess and Defi-
ciency account as follows :
•
For Public Welfare $4,500.00
For Snow Removal 3,000.00
For Law Department - Personal -
Services & Special Fees 750.00
For Law Department " - Expenses 250.00
For Health Department - Expenses 850 .00
For Highway Maintenance -
Personal Services 100.00
For Police Department - Expenses 300.00
The Appropriation Committee further recommends
that under this Article an appropriation be made
and an amount transferred from School Maintenance
Personal Services Account as follows :
School Maintenance - Other Expenses :451200.00
It will be noted that no recommendation is being made for an
appropriation for Soldieris Relief. This is due to the fact
that the Appropriation Committee has made a transfer from the
Reserve Fund of ;p750.00 for this purpose and therefore no
further appropriation will bE required.
With reference to the recommendation of an appropriation for
a further sum of money. for Public Welfare Aid & Expenses the
following comparative figures as given in the Appropriation
Committee Report for the special Town Meeting held September
27, 1937 are again repeated with reference to the expenditures
and receipts for Public Welfare for the years 1932 - 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 December 1, 1937 are
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$73,967.81 and up to the same date the receipts for Public
Welfare and Ald to Dependent Children are 08,861. 66 . The
figures as given it will be noted are combined with refer-
ence to Public Welfare and Aid to Depend-rt Children. This
combination of figures is necessary for the reason that up
to the year 1937, Aid to Dependent Child. r-n was known as
Mothers ' Aid and was inclu:.ed in the regular Public Welfare
appropriation. The Appropriation Committee again wishes to
state that these receipts are estimated ab the time the tax
rate is determined and to the extent of the estimate the re-
ceipts serve to reduce the tax rate in that particular year.
Any receipts in excess of the estimate serve to offset over-
estimates of receipts for other departments or at the end of
the year go to the Excess and Deficiency Account. Therefore,
it can not be contended that the entire receipts of the Pub-
lic 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 Dependent Children and in this case the receipts are set
up in a special Trust Account and are used for expenditures
under the same classification.
With reference to the recommended appropriation of a further
sum of money for Highway Maintenance Personal Services, the
Appropriation Committee wishes to state that this additional
money involves a request of the Board of Selectmen to increase
the salary for the Superintendent of Highways, William C.
Paxton, Jr. from 42300.00 per annum or approximately 044.00
per week to ;;60.00 per week, or at the rate of approximately
3120.00 per annum, beginning November 15, 1937 in order to
retain his services against an offer from outside sources.
The Board of Selectmen requested a transfer from the Reserve
Fund which was considered by the Appropriation Committee at
a meeting held November 9, 1937 but it was felt by the Com-
mittee that no deviation should be made from the salary set
at the annual meeting without directly referring the matter
to the Town Meeting for determination.
ARTICLE 3. To see if the Town will vote to appropriate fund for
labor, and materials on public works and for other expenses in con-
nection therewith, to be expended by the Selectmen for aid to pen,-
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 :$3750.00 be appropriated
and that this amount be transferred from the Excess
and Deficiency Account.
This appropriation is necessary to provide funds for the con-
tinuation of projects until the annual Town Meeting tobe
held in 1938.
With further reference to this appropriation it may be stated
that in 1936 the amount expended for materials and other
expenses on public works projects was $12,519.76. For the
period January 1 to November 30, 1937 the amount which has
been expended for the same purpose is .$15,338. 87.
ARTICLE 4. To see if the Town will vote to appropriate money to be
expended under the direction of the Selectmen for the purchase of
materials and equipment and for wages of superintendence on public
works for which the Town has power to appropriate money to be desig-
nated by the Selectmen, in whichworks recipients of public welfare
aid from the Town may be required to work, and to provide funds
therefor by transfer from available funds.
The Appropriation Committee makes no recommenda-
tion under this Article for the reason that the
Board of Selectmen have informed the Committee
that a motion will be presented to indefinitely
postpone action.
-
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ARTICLE 5. To see if the Town will vote to pay any unpaid bills for
prior years of the various town departments, and provide money there-
for by appropriation and transfer from available funds.
The Appropriation Committee recommends that under
this Article an appropriation be made and that an
amount be transferred from the Excess and Defici-
ency Account as follows :
For Health Department -
prier year bills X210.00
The Appropriation Committee further recommends that
under this Article an appropriation be made and
that an amount be transferred from the Tater Main-
tenance Expense Account as follows :
For Water Department -
prior year bills 4j78.33
ARTICLE 6. To see if the Town wi1l ' authorize the Selectmen to install
street lights in the following unaccepted streets : Valleyfield ,Street;
Preston Road.
The Appropriation Committee makes no recommendation
under this Article.
ARTICLE 7. To see if the Town will rote to appropriate and transfer
money from available funds for the installation of a water main not
less that 6" and not more that 16" in diameter in Raymond Street,
from Muzzey Street to Clarke Street.
The Appropriation Committee recommends that under
this Article the sum of ' 2400.00 be appropriated
and that this amount be transferred from the Water
Maintenance Expense Account.
ARTICLE 8. To see if the Town will vote to authorize the Selectmen
to install a sewer in Follen Road from Smith Avenue a distance of ap-
proximately 460 feet, subject to the assessment of betterments, and
provide funds therefor by appropriation and transfer from available
funds .
The Appropriation Committee recommends that under
this Article the sum of ;;p2300.00 be appropriated and
that this amount be transferred from the Sewer Assess-
ment Fund.
ARTICLE 9. To see if the Town will vote to install underground cable
for the Fire Department and pay for the same by appropriation and trans-
fer from available funds . .
The Appropriation Committee recommends that under
this Article the sum of ;,500.00 be appropriated
and that this amount be transferred from the Excess
and Deficiency Account.
This appropriation is required for the installation of under-
ground cable for the Fire Department on Massachusetts Avenue
from Elm Avenue to a point approximately 100 feet west of
Forest Street. The Appropriation Committee is informed that
the Boston Edison Company and the New England Telephone and
Telegraph Company have both agreed to remove their overhead
wires in this locality and if this is done the only overhead
wires remaining will be those wires belonging to the Fire
Department for which reason it has been deemed advisable to
approve the appropriation to take care of the removal of these
overhead wires after the electric light and telephone wires
have been removed.
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ARTICLE 10. To see if the Town will vote to place under the manage-
ment of the School Committee the property purchased from Harriette
W. Smith under the provisions of Article 44 of the Annual Town Meet-
ing held in 1937.
The Appropriation Committee makes no recom-
mendation under this Article.
ARTICLE 11. To see if the Town will amend the votes passed under
Article 43 of the warrant for the Annual Town Meeting held in 1937
and Article 9 of the Warrant for the Special Town Meeting held Sep;
tember 27, 1937 by transferring from Available Funds an amount suf-
ficient to meet the requirements of the statute to permit borrowing
and decreasing the amount to be borrowed by the amount so transferred.
The Appropriation Committee recommends that
under this Article the further sum of $2,000.00
be appropriated and that this amount be trans-
ferred from the Excess and Deficiency Account.
The Appropriation Committee further recommends
that the authorization for a bond issue b6 de-
creased from $24,000.00 to $22,000.00 to offset
the $2,000.00 to be taken from the Excess end
Deficiency Account.
With reference to this matter it may be stated that at the
Annual Town Meeting held in March, 1937 under Article 43
the sum of $25,000.00 was appropriated for the purchase of
the. so-called Barnes property. This money was provided by
including $2,160.00 in the tax levy of the current year;
$1,840.00 was transferred from the Sale of Real Estate Fund
and an issue of bonds or notes for a period of five years
was authorized in the amount of $21,000.00.
At the Special Town Meeting held September 27, 1937 under
Article 9 a further sum of X4,000.00 was appropriated and
this money was provided by transferring $1,000.00 from the
Sale of Real Estate Fund and increasing the authorization
for a borrowing from 21,000.00 to 124 000.00.
Under the provisiOns of section 7, chapter 44 of the General.
Laws it is required that no loan shall be authorized unless
a sum equal to $0.25 on each one thousand dollars of the as-
sessed valuation
s-sessed. valuation of the Town for the preceding year has been
appropriated from Available Revenue Funds or voted to be
raised o-- taxa-Hon- for the purposes stt forth in the clause
under which the loan is authorized. In order to provide the
sum equal to ; 0.25 on each one thousand dollars of the as-
sessed valuation for the preceding year it was necessary that
an appropriation be made from the tax levy, of ' the current
year or by e transfer of Available Revenue Funds of approxi-
mately ;15500.00. It was believed that this requirement had
been met by the appropriation of >2160.00 from the tax levy
of the current year, by the transfer of $1840.00 from the
Sale of Real Estate Fund and:by the appropriation from the
tax levy of the current year of ;;1500.00 for the purchase of
the land in North Lexington from Harriette W. Smith. However,
when the Town notes were .presented to the Director of Accounts
for certification, the Director held that the transfer from
the Sale of Real Estate Fund did not constitute a transfer
from "Available Revenue Funds" . Furtherz-ioro the Director held
that because the land purchased from Har"riette W. Smith was
acquired for "School ;Playground .and Park purposes" that the
sum of $1500.00 appropriated for that . purpose could ,not be used
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in computing the . 0.25 on each one thousand dollars of the
assessed valuation in connection with the purchase of the
Barnes property. The Director so held for the reason that
under the provisions of section 7, chapter 45 of the general
laws it is provided that "Land taken for or held as a park
under this chapter shall be forever kept open and maintained
as a public park,--" The Director maintained that if this
Smith land was placed under the management of the School Com-
mittee that then the land would be acquired under the same
clause as the Barnes property and that then the appropriation
of +;?l500.00 for the purchase of the Smith land could be used
against the $0.25 on each one thousand dollars of the assessed
valuation in connection with. the purchase of the Barnes pro-
perty. - Accordingly, if the Town now acts favorably on Article •
10 and places the Smith land under the management of the School
Committee, the provisions of the statute will be met with refer-
ence to the borrowing on the Barnes property in the following
manner:
Appropriation from current year tax
levy for the" purchase of the Smith
land •
4,500.00
Appropriation and transfer from
Excess and Deficiency Account for
purchase of Barnes property 2 000.00
Appropriation from current year tax
levy for the purchase of the Barnes
property 2,160.00
It will be observed that there is no change whatsoever in the
matter of the purchase price of the Barnes property which re-
mains at :,E�29,000.00. This is now being provided in the follow-
ing manner:
From Current Year Tax Levy 2,160. 00
From Excess & Deficiency 2,000.00
From Sale of Real Estate Fund 2, 840.00
From Bond Issue 22,000.00
Total 291,000.00
ARTICLE Tg. To see if the Town will authorize the Selectmen to settle
the action brought by the late Edgar F. Scheibe and the petition for
assessment of damages brought by the University Trust Company against
the Town, and to provide money for such settlement by transfer from
other accounts .
•
The Appropriation Committee recommends that under
this Article the sum of "; 200.00 be appropriated
and that this amount be transferred from the Excess
and Deficiency Account.
ARTICLE 13. To see if the Town will authorize the Selectmen to com-
promise and settle a claim against the Town of Theresa B. Cummings,
and to provide money for such settlement by transfer from other
accounts.
The Appropriation Committee recommends that under
this Article the sum of "p 200.00 be appropriated
and that this amount be transferred from the Excess
and Deficiency Account.
- ,ARTICLE 14 - 18 inclusive
Inasmuch as these ilrticles relate to the Planning Board,
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the Board of Appeals and amendments to the Lexington. Zoning
By-Laws and do not involve the appropriation of money, the
Appropriation Committee makes no recommendations thereunder.
Excess and Deficiency Account
The Appropriation Committee begs to make the following report
with reference to the Excess and Deficiency Account:
Amount of Excess & Deficiency Dee. 1, 1937 61, 543.22
Unpaid Real Estate Taxes Dec. 1, 1937
Levy of 1935 w 1, 679.95
Levy of 1936 41,597.51 43,277.46
Available:. Funds December 1, 1937 ','18,265.76
Approved for transfer at Town Meeting
December 20, 1937
ARTICLE 2.
Public Welfare 4,500.00
Snow Removal 3,000.00
Law Dept. - Personal Services
& Special Fees 750.00
Law Dept. - Expenses 25000
Health Dept. - Expenses 850:00
Highway Maintenance -
Personal Services 100.00
Police Dept. - Expenses 300.00
ARTICLE 3.
Labor, Materials & Other Expenses
on Public Works Projects 3,750.00
ARTICLE 5.
Health Dept. - Prior Year Bills 210.00
ARTICLE 9.
Fire Dept. Underground Cable 500.00
ARTICLE 11.
Barnes Property Purchase 2, 000.00
ARTICLE 12.
Scheibe Settlement 200.00
ARTICLE 13.
Cummings Settlement 200.00 16,610.00 ,`
Balance :15 1655.76
Sewer Assessment Fund
On December 1, 1937 the amount in the Sewer Assessment Fund was
2,474. 64. Under Article 8 an appropriation and transfer from this
fund is recommended in the amount of 02,300.00.
Respectfully submitted,
fs/ Allen W. Rucker
Chairman
/s/ Edward W. Sibley /s/ Louis E. Yeager
/s/ George M. Hynes /s/ Robert J. Fawcett
/s/ Richard W. Maynard /s/ Winthrop H. Bowker
•
/s/, Alphonso B. West /s/ Robert C. Merriam
/s/ James H. Russell
Secretary
APPROPRIATION COMMITTEE OF THE TOWN OF LEXINGTON
380
Selectman Char' s E. Ferguson moves to take up Article 2,
Presenting the following:
Art. 2. VOTRI): That the following amounts be appropriated and
transferred from the Excess & Deficiency Account:
Public Welfare A4,500.00 Carried Unan. 814 P.M.
Removal of Snow & Ice 3,000.00 Carried Unan. 8:14 P.M.
Law Department-Personal Services
& Special Fees 750.00 Carried Unan. 8 :14 P.M.
Lay Denartment - Expenses 250.00 Carried Unan. 8:14 P.M.
Health Department - Expenses 850.00 Carried Uner. 8:14 P.M.
Highway Maintenance-?.-sonal Services 100.00 Carried Unan. 8 :14 P.M.
Police Department - Expenses 300.00 Carried Unan. 8:14 P.M.
Randall B. Houghton, Chairman of the School Committee, offered the
following:
That the town appropriate and transfer $11.200. from
School Maintenance, Personal Services to School Main-
tenance, Other Expenses.
Carried Unanimous 8:17 P.M.
Selectman Charles E. Ferguson moves to take up Article 3,
offering the following:
c- krt. 3. VOTED: That the sum of $3,750.00 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
& Deficiency Account,
Carried Unanimous 8:18 P.M.
Selectman Charles E. Ferguson moves to take up Article 4, as
follows :
Art. 4. VOTI.J: That this article be indefinitely postponed.
Carried Unanimolls 8:2.9 P.M.
Selectman Charles E. Ferguson moves to take up Article E ,
offering the following:
Art. 5. VOTED : That the Torn appropriate money to pay the
following unpaid bills, and for that purpose transfer
funds from the Excess and Deficiency Account :
For prior year bills of the Health Department, AR10.00
Carried Unanimous 8:19 P.M.
and that the Town appropriate money to pay the following
unpaid bills, and for that purpose transfer funds from
the Water Maintenance Expenses Account:
For prior year bills of the Water Department, $78.33.
Carried Unanimous 8:19 P.M.
Selectman Charles E. Ferguson moves to take up Article 6,
offering the following:
Art. 6. VOTED: That the Selectmen be authorized to install
street lights in the following unaccepted streets :
Valleyfield Street; Preston Road.
Carried Unanimous 8:20 P.M.
Selectman Charles E. Ferguson moves to take up Article 7,
offering the following:
381
Art, 7, VOTED: That the Selectmen be authorized to Install a
water main not less than 6, and not more than 16 in
diameter in Raymond Street, from Muzzey Street to Clarke
Street, and for the purpose of said installation the sum
of $2,400.00 be appropriated and transferred from the
Water Maintenance - ExoenseS Account.
Carried Unanimous 8:21 P.M.
• Selectman Charles E. Ferguson moves to take up Article 8,
offering the following:
Art. 8. VOTED: That the Town authorize the Selectmen to install
a sewer in Follen Road from Smith Avenue a distance of
aooroximately 460 feet, sub;lect to the assessment of
betterments, and for that purpose the sum of $22300.00
be appropriated and tranferred from the Sewer Assessment
Fund.
Declared Carried'Unanimous 8 :25 P.M.
Mr. Ernest Cutter reads letter protesting the passing of the
Article.
The Moderator states the Article already voted upon, but
the right for reconsideration was in order.
Motion made' by Mr. Ernest Cutter, that Article 8 be reconsid-
ered, same seconded and carried unanimously at 829 P.M.
General discussion by several speakers.
,Letter read by Selectman Charles E. Ferguson from State Depart-
ment of Health regarding the situation.
Motion by Mr. Eugene T. Buckley, which was seconded, that main
motion be indefinitely oostponed.
Main motion declared indefinitely postponed at 8:45 P.M.
Selectman Charles E. Ferguson moves to take up Article 9, -
offering the following:
Art. 9. VOTED : That the sum of 3500.00 be appropriated and trans-
ferred from the Excess and Deficiency Account for the in-
stallation of underground cable for the Fire Department
in Massachusetts avenue from Elm Avenue to a point approx-
imately 100 feet west of Forest Street.
Question by Mr. George W. Saran° if sufficient money for e
good lob.
• Explanation by Selectman Charles E. Ferguson,
Motion as presented carried unanimously at 847 P.M.
Selectman Charles E. Ferguson moves to take up Article TO,
offering the following:
Art.10. VOTED: That the Town Place under the management of the
School Committee the property purchased from Harriette
W. Smith under the provisions of Article 44 of the war-
rant for the Annual Town Meeting held in 1937 .
Carried Unanimous 8:48 P.M.
Selectman Charles E. Ferguson moves to take up Article 11,
offering the following:
Art. 11. VOTED: To amend the votes passed under Article 43 of
the Warrant for the Annual Town Meeting held in 1937
and Article 9 of the Warrant for the special Town Meeting
held September 27, 1937 to read as follows :
389
cn
To raise and appropriate $29,000.00 for the
purchase of the real estate numbered 1557 MassachusettS
Avenue, Lexington, ad,loininq the Cary Memorial Hall,
formerly owned by the late William Barnes, for Town
Hall and other municipal buildings : and to meet said
a-opropriation, $2,160.00 be included in the tax levy
of the current year, $2,000.00 be transferred from the
Excess and Deficiency Account, $2,840.00 from the Sale
of Real Estate Fad, and that the Treasurer, with the
approval of the Selectmen , betand hereby is, authorized
to borrow $22,000.00, payable under the provisions of
Chapter 44 of the General Laws in not more than five
years .
Carried Unanimous 8 :50 P.M.
Selectman Charles E. Ferguson moves to take up Article 12.
Town Counsel, S. R. rfrightington, offered the following:
Art. 12. VOTED:- That the Selectmen be authorized to compromise
and settle an action of tort brought by the late Edgar
F. Scheibe and two petitions for assessment of damages
brought by the University Trust Company, mortgagee,
against the Town in the Middlesex County superior
Court arising out of the relocation o 1,incoln Street,
and that for that 'purpose the sum of §200. be appro-
Pristed and transferred from the Excess and Deficiency
Account ,
Carried Unanimous 8 :52 P.M.
Selectman Charles E. Ferguson moves to take up Article 13.
Town Counsel , S, R. Wrightington, offered the following:
Art. 13. VOTED : That the Selectmen be authorized to compromise
and settle a claim for damages for trespass and a
claim for damages as a result of a taking by eminent
domain of Theresa B. Cummings against the Town arising
out of the widening and relocation of Browns Brook,
and that for that purpose the snm of 8200. be appro-
priated and transferred fron the Excess and Deficiency
Account.
Carried Unanimotis 8 :54 P.M.
Selectman Charles E. Ferguson moves to take up Article 14
as follows :
Art. 14. VOTED: That this article be indefinitely postponed.
Carried Unanimous 855 P.M.
selectran Charles E. Fergnson moves to take up Article 15,
offering tles, following:
Art. 15. VOTED: That the Town accept the provisions of sections
81F, 81G, 81H, 811 and 81J of Chapter 41 of the General
Laws as enacted by Statute 1936, Chapter 211, section 4 .
General discussion from many soeakers, for and opposed to
the Article.
The Moderator asks for a rising vote on the question.
In Favor Tellers Opposed
16 Howard E. Custance 12
19 Leland H, Emery 36
14 Randall B. Hou7hton 16
49 64
Declared lost 9 :46 P.M.
383
Motion made by Allen W. Rucker, Chairman of the Appropriation
Coulinittee, as follows : That the Moderator appoint a Committee of
seven to study the situation outlined in Article 15, viewed to
accomnlish the Purposes sought by the Board of Selectmen and the
Planning Board without impairing the rights of the Town meeting,
and to present the Acts of the Board of Selectmen or Board of
Survey under the sections named in Article 15.
Above motion amended by Allen W. Rucker to include all sections
of Articles 14, 15 & 16.
Explanations by Town Counsel, S. R. Wrightington.
Motion made by Eugene T. Buckley meeting proceed under Article
One. Duly seconded and Carried Unanimous 955 P.M.
Explanations by William E. Bennetti Chairman of Committee on
report on the meaning of the 1936 Act Relative to Planning. Boards .'
,
Moderator Robert H. Holt suggests following motion, to simplify
motion of Allen W. Rucker.
That a Committee of seven be appointed to study the sections
under Chapter 211, Acts of 1936 of the General Laws, and make report
to the Town Meeting.
Leland H. Emery asks at what Town Meeting report would be pre-
sented.
AnsWered by the Moderator, next Annual Town Meeting in March
1938.
Edward W. Kimball, Chairman of the Planning Board, sneaks
opposing the appointment of another Committee.
Motion so rresented by the Moderator put to a voice vote and
declared lest 10 :02 P.M.
Selectman Charles E. Ferguson moves to take up Article 16,
makes a motion that Article 16 be indefinitely postponed .
Indefinite postponement Carried Unanimous 10:03 P.M.
Selectman Charles E. Ferguson eloves to take up Article 17 and
18 together.
Dr. Clarence Shannon presented the following motion:
Art. 17. Voted: That the Town release a portion of Lot C on plan
hereinafter referred to from certain restrictions, or rights acquired
in an agreement given by Daniel J. O'Connell to the Town of Lexino--
ton Warren h. Russell of said Lexington and dames J. Walsh and Lucy
D. Walsh of said Lexington dated January 27, 1937 and recorded in
Middlesex South District Registry of Deeds, Book 6106, Page 179
which reads as follows :
namely: that so long as any automobile filling station is
maintained on any part of my land in the said Lexington bounded by
Woburn Street , Fletcher Avenue and the Boston & Maine Railroad,
that portion of the said land which is shown as Lots A and O on a
plan of land in Lexington dated September 15, 1932 by E. N. Montague,
C . E. , shall be used only for the purposes for which from time to
time land in an R-1 District under the Zoning 3y-Laws of the said
Lexington may be used, and the remainder of the said land shall be
used for one retail gasoline, oil and greasing station and sale and
installation of tires and other automobile accessories and for the
purpose for which from tine to time land in an R.1 District under
the Zoning By-Laws of the said Lexington may be used.
In order to permit the use, in connection with Lot B and for
the purposes for which said Lot B is to be used as set forth in
said agreement, of a portion of Lot C described as follows : Begin-
ning at a stake on the northerly side of Woburn Street at the
dividing line of Lots B and C on said plan, thence along said line
384
51.62 feet to an iron bar as shown on said plan, thence turning
and running thrcugh a portion of Lot C 53.37 feet to the north-
erly line of Woburn Street, thence turning and running westerly
21.32 feet to the point of beginning and containing 546 square
feet, and that a majority of the Selectmen be and they hereby
are authorized to execute and deliver and the Town Treasurer to
countersign a release to Daniel J. O'Connell of said restrictions
or riOhts in the form submitted to the meeting and the signatures
of said officers shall be sufficient to identify the said release
referred to in this vote for all purposes .
Mr. Paul W. Dempsey states the various articles would be
clearer if more detailed explanations given.
Explanations by Mr. Daniel J. O 'Connell and Edward W. Kimball.
Mr. Daniel J. OtConnell asks for permission to address the
Town Meetino. Members .
Permission granted.
Motion as read Carried Unanimous 1015 P.M.
Under Article 18 Dr. Clarence Shannon offered the following
motion:
A'rticle 18. Voted:' That the Town accept a deed of a parcel of
land for highway purposes at the corner of Woburn Street and
Fletcher Avenue, Lexington, Massachusetts from Daniel J. O'Connell,
said land being hounded and described as follows :
Beginning at a point in the northerly sideline of
Woburn Street, said point being easterly and distant 27 .32
feet from the intersection of the northerly sideline of
Woburn Street with the southeasterly sideline of Fletcher
Avenue, thence westerly along the ucrtherly sideline of
Woburn Street distant 27.32 feet to said intersection,
thence northeasterly along the southeasterly sideline of
Fletcher Avenue distant 27.32 feet to a point of tangency,
thence turning to the right and bearing to the left on a
curve of 20.00 feet radius distant 37.54 feet to the point
of beginning, containing 171 square feet, all as shown on
a plan entitled Plan of Land in Lexington, Mass . , dated
Sept. 16, 1932, by E.N. Montague, C.E.
Motion as presented, Carried Unanimous 1016 P.M.
Selectman Archibald R. Ginony moves to take up Article 1,
presenting the following: If ,the question should be brought up
again or not , concerning the Planning Board under the Acts of
1936.
George W. Sarano answers yes - it should be..
Carried Unanimous 10 :22 P.Y.
Motion to adjourn seconded and carried Unanimous 1023 P. M.
A true record.
Attest :
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