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HomeMy WebLinkAbout1934-03-05-TE-WARRANT and 1934-03-19-ATM-Warrant 60 17 TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. To either of the Constables of the Town of Lexington, in said County, Greeting: In the name of the Commonwealth of Massachusetts , you are directed to notify the inhabitants of the Town of. Lexington, oualified to vote in elections and in town affairs , to meet in their respective voting places in said town, Precinct, One , Emerson Hall: Precinct Two, Three and Four, Cary Memorial Hall, on MUNDAY, the Fifth Day of March. A. D. 1934 at six o' clock, A. M. , then and there to act on the following articles : Article 1. To choose by ballot the following town officers : One Town Clerk for the term of one year, One Selectman for the term of three years , One Town Treasurer for the term of one year, One Collector of Taxes for the term of one year, One Cemetery Commissioner for the term of three years, One Moderator for the term of one year, One Member of the School Committee for the term of three years, Two Constables for the term of one year, Two Members of the Planning Board for the term of three years, One Trustee of Public Trusts for the term of six years, Seventeen Town Meeting Members in each Precinct for the term of three years , One Town Meeting Member in Precinct Two for the term of two years , Two Town Meeting Members in Precinct Three for the term of one year, One Town Meeting Member in Precinct Four for the term of one year, The polls will be open at 6:00 A. M. and will remain open until 8 :00 P . M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall insaid Town on Monday, the nineteenth day of March , 1934, at 8 :00 P . M. , at which time and place the following articles are to be acted upon and determined exclusively by the town meeting members, in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter . Article 2 . To receive the report of any Board of Town Officers or of any Committee of the Town, and to appoint other Committees . Article 3. To choose such Town Officers as are required by law and are usually chosen by nomination. Article 4. To see if the Town will authorize their Treasurer, under the direction of the Selectmen, to borrow money for any necessary purposes, in anticipation of revenue for the current year, the same to be repaid directly from the proceeds of said revenue, or act in any manner relating thereto . Article 5. To see if the Town will make the usual appropriations for Town expenses for the ensuing year, or act in any manner relating thereto. Article 6. To see if the Town will make an appropriation for the Suppression of Gypsy and Brown Tail Moths, in accordance with Chapter 132, General Laws, or act in any manner relating thereto. Article 7 . To see if the Town will vote to appropriate and assess an amount of money to be used as a Reserve Fund as provided by Cha?ter 40, Section 6, General Laws, or take any action relating thereto. Article 8 . To see if the Town will appropriate funds for the payment. of pensions to retired members of the Police and Fire Departments , under chapter 32, General Laws , or act in any manner relating thereto. 61 Article 9. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1934 . Article 10 . To see if the Town will vote to appropriate money for the support of a Posture Clinic, to be expended under the direction of the Board of Health or by a committee appointed by said Board, or act in any manner relating thereto . Article 11. To see if the town will vote to appropriate a sum sufficient to pay the County of Middlesex, as required by law, the town' s share of the net cost of the care, maintenance , and repair of the Middlesex County Tuberculosis Hospital, and for the Town' s share of the expense under the provisions of Chanter 331 of the Acts of 1933, which provides for the settlement of certain claims of the Commonwealth against the Middlesex County Tuberculosis Hospital District, including interest or discount on temporary notes issued therefor, as assessed in accordance with the provisions cf Charter 111 of the General Laws , and Acts in amendment thereof, and in addition thereto, or take any anction in relation thereto . Article 12 . To see if the Town will vote to transfer the sum of $1716 . 16 to the Cary Memorial Library Account , the same being the sum received from the Middlesex County for dog fees . Article 13. To see if the Town will authorize or ratify a contract with the United States or its proper officials for a grant for construction of a trunk line sewer in East Lexington and all action by the Selectmen or other town officials with relation thereto . Article 14. To see if the Town will authorize or ratify a contract with the United States or its proper officials for a grant for construction of a water standpipe and all action by the Selectmen or other town officials with relation thereto . Article 15. To receive a report of Metcalf and Eddy, Engineer,s with respect to surface drainage in East Lexington and to adopt any or all of their recommendations and to appropriate the sum of 5,000. to pay for the cost of completing the survey of the drainage areas of the town as authorized by the town at a town meeting held October 16, 1933 . Article 16. To see if the town will make provjsion for the dis- posal of surface drainage in East Lexington by the construction of drains or conduits, or diversion or relocation of brooks, and for that purpose take lands , or easements by Eminent Domain, and provide for the Payment therefor by the issue of bonds or notes or by direct apPropriation. Article 17 . To see if the Town will vote to authorize the Selectmen to replace the bridge over Vine Brook in Sherman Street with a culvert, and vote to appropriate funds therefore. Article 18 . To see if the Town will vote to appropriate money for the construction of Pleasant Street, from Massachusetts Avenue to Watertown Street, under Chapter 90 of the General Laws . Article 19. To see if the Town will vote to install water mains in the following unaccepted streets, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor: Winter Street, from Bedford Street a distance of approximately 1050 feet; Hillcrest Avenue, from Fottler Avenue a distance of approximately 1000 feet; and provide funds for said installation by direct anpropriaUon, or by transfer from other funds . 62 Article 20 . To see if the Town will vote to install water mains in the following street , and in such other streets as the Selectmen shall designate in accordance with authority contained in the By-Laws of the Town: Hill Street, from the Lexington Golf Club to Sargent Street a distance of approximately 1600 feet; and provide funds for said installation by direct appropriation or by transfer from other funds. Article 21. To see if the Town will vote to install water mains in the following unaccepted streets subject to the assessment of better- ments and to take by eminent domain the necessary easements therefore : Taft Avenue from Massachusetts Avenue to- Daniels Street, ,approximately 890 feet: Cherry Street from Taft Avenue in a northerly direction approximately 160 feet; Cary Street , from Taft Avenue in a northerly direction approximately 230 feet : and provide funds for said installation by direct appropriation or by transfer from other funds . Article 22 . To. see if the Town will vote to authorize the Selectmen to install sewers in- the following accepted and unaccepted streets subject to the assessment of betterments , and to take by eminent domain the necessary easements therefor: Bow Street, from Tr ak Line Sewer to Theresa Avenue a distance of approximately 476 feet; Cliffe Avenue from Bow Street a distance of approximately 440 feet northerly; Theresa Avenue from Bow Street a distance of approximately 250 feet westerly; and provide funds for said installation by direct appropriation or by transfer from other funds . Article 23. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to extend as much as is necessary of the revenue loans of 1934 for a period not to exceed six months beyond the maximum term provided by law for an original revenue loan, under authority of and in accordance with the provisions of Chapter 3 of the Acts of 1933, or take any action relative thereto. Article 24. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selec Lmen, to refund any or all of the revenue notes issued in anticipation of the revenue of. the year 1934, in accordance with the provisions of Section 17, Chapter 44, General Laws ; any debt so incurred to be paid from the revenue of the year 1934. Article 25. To see if the town will vote to authorize the School Committee to make expenditures for providing additional school accommodations for the Junior High School and Senior High School; appropriate money for this purpose by issue of bonds or notes , or by direct appropriation, or act in any manner relating thereto. Article 26 . To see if the Town will vote to appropriate money' to reimburse the Water Department for materials, equipment and labor furnished to the Highway Department during the years 1929 to 1933 inclusive. Art-cle 27 . To see if the Town will vote to appropriate funds for the payment of a bill due to Walter G. Black for repairs to the Public Works Dept . Building the same to be paid to the Water Department. 68 Article 28. To see if the Town will vote to appropriate money for the unpaid bills for the year 1933 of the following accounts : Assessor ' s Department Fire Derartment Health Department Highway Department Parks & Play7rounds Police Department Planning Board Public Welfare Department (not including undetermined amounts due other Cities and Towns ) Public Works Building - Operation School Department Selectmen ' s Department Snow Removal • Soldiers R,lief Town Offices & Cary Memorial Building, or act in any manner relating thereto. Article 29 . To see if the Town will vote to appropriate money for the installation of ten new fire alarm boxea and the replacement of ten fire alarm boxes with boxes of the lates type . Article 30 . To see if the Town will vote to appropriate funds to repair the trunk line sewer installed in 1915. Article 31. To see if the Town will vote to establish as a town way or accept the lay out of as a .town way, Blake Road, from Simonds Road to Eaton Road, a distance of approximately 210 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 19, 1934, and to take by eminent domain the necessary easement therefore , and appropriate money for the construction of said street, or act in any manner relating thereto. Article 32. To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Eaton Road from Bertwell Road to Blake Road a distance of approximately 792 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 19, 1934, and to take by eminent domain the necessary easement therefore, and appropriate money for the construction of said street, or act in any' manner relating thereto . Article 33. To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Gleason Road, from Simonds Road to Williams Road, a distance of approximately 658 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file intheoffice of the Town Clerk, dated February 19, 1934, and to take by eminent domain the necessary easement therefore, and appropriate money for the construction of said street, or act in •any manner relating thereto. Article 34. To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Valley Road, from Bedford Street a distance of approximately 150 feet, as laid out by the Selectmen, under the Betterment Act , and shown upon a certain plan on file in t' 'e office of the Town Clerk, dated February 12, 1934. and appropriate money for the construction of said street, or act in any manner relating thereto. Article 35 . To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Fletcher Avenue, from Woburn Street a distance of approximately 1500 feet, as laid out by the Selectmen, under the Betterment Act , and shown upon a cer- tain plan on file in the office of the Town Clerk, dated February 12, 1934, and to take by eminent domain the necessary easement therefore, and appropriate money for the construction of said street, or act in any manner relating thereto. 64 Article 36 . To see if the Town will vote to authorize the appointment of a committee empowered to select a Permanent location for the German Field Piece which was given to the Town through the efforts of Hallie C. Blake , and which was duly accepted by the Town at a Town Meeting held April 27, 1931; sach committee to have three members of which one shall be a member of the Stanley Hill Post No. 38, American Legion. Article 37 . To see if the Town will add to the North Lexington Playground the ]and acquired by the Town by tax title and described as follows : Land formerly of Joseph Whitlock, Being lot number 3, in Block numbered 70, fronting on Willow Street, on a plan of lots of Mark C . Meagher, surveyed by E. A. W. Hammett, C .E. , and recorded in the southern district of Middlesex County, Registry of Deeds, Book 77 , Page 24, and dated 1892 . Land formerly of Thomas W. Joy Being lots numbered 4 and 5, in block number 70, fronting on Willow Street, on a plan of lots of Mark C . Meagher, surveyed by E. A. W. Hammett, C . E. , and recorded in the southern district of Middlesex County, Registry of Deeds , Book 77 , and dated. 1892. Land formerly of Ellen Keating Being lots numbered 6, 7 , and 8 in block number 70, fronting on Willow Street, on a plan of lots of Mark C . Meagher , surveyed by E. A. W. Hammett, C . E. , and recorded in the southern district of Middlesex County, Registry of Deeds, Book 77 , and dated 1892. Tan.z Title recorded April 1, 1915, Book 3957 , Page 426. or act in any manner relating thereto. Article 38. To see if the Town will amend the Zoning By-Law and Map by adopting any or all of the following amendments thereto: ( a) By substituting for Section 3, C . 1. Districts , Article 17, the following: "17 . Upon the northerly side of Massachusetts Avenue beginning at Vine Brook and extending westerly to the easterly line of Meriam Street, througoout its length extending northerly to the Railroad property. " (b) By substituting for Section 3, C . 1. Districts, Article 18, the following: "18. Upon the scutHerly side of Massacusetts Avenue beginning at the westerly line of Wallis Court and extending westerly to a point opposite the easterly line of Meriam Street, and of a depth of 100 feet from the southerly line of Massachusetts avenue, throughout. ( c ) By adding to Section 4, C . 1. Districts, Paragraph 2, after the word, "stones" , t....hew-e-rd, "salesrooms" ; so that the same will read as follows : "2 . Retail stores , salesrooms, and shops for custom work or the making only of articles to be sold at retail on the premises . " ( d) By substituting for Section 4, C . 1. Districts, Paragraph. 6 ( c ) the following : " ( c ) Public garages , automobile repair-shops, storage- battery service-stations, retail gasoline or oil stations , greasing-stations or any of their appurtenances or accessory uses ; except that none of the foregoing, nor any driveway for the entrance or exit of automobiles in connection therewith, shall hereafter be located so that any part thereof is within fifty ( 50) feet of any residence district , or within three hundred ( 300) feet of the property used by any public or private school, public library, church, hall of public assembly, historical building, monument, or museum, playground, or institution for tae sick, the age k or dependent, or for children under sixteen years of age . Every filling-station structure , pump, or greasing-stand shall hereafter be set back not less than twenty ( 20 ) feet from the established street line , and no filling shall be done except to cars standing on the property of the filling-station ." ( e ) By adding to Section 4, C . 1. Districts, Paragraph 6 . ( e ) after the word "depots" , the words "public stables", so that the same will read: " (e) Retail dealers in ice , grain, fuel, lumber and structural materials , milk depots, public stables, and other comraercial non- manufacturing uses not hereinbefore snecified. " ( f) By substituting for Section 10 the following : "SECTION 10. NON-CONFORMING USES . Any use or building non-conforming on May 2, 1924, at the time of adoption of the original Lexington Zoning By-Law, may be continued for the same purpose or for purposes not substantially different; any such building may be repaired or structurally altered but shall not be rebuilt if destroyed to the extent of 90% of its insurable value ; no such use or building shall be extended or enlarged nor, if discontinued for a substantial period of time , shall such use be resumed except subject to the provisions of Section 9." ( g) By substituting for Section 16, the following: "Section 16 . There shall be a Board of ApPeals of five members who shall be appointed b7 the Selectmen for terms of five years each, the term of one appointee to expire each year. The terms of the members of the Board first appointed after the adoption of this by-law shall expire in such order as the Selectmen shall designate . The Selectmen shall also appoint annually two associate members of the Board of Appeals one or both of whom may be designated by the Selectmen from time to time to take the place of a regular member or members of the Board of Appeals as to cases arising under this by-law in case of vacancy, inability to act or interest . " (h) By substituting for Section 17 the following : "Section 17 . AMENDMENTS. Amendments to thi By-law may be proposed by the Planning Board , by vote of the Town Meeting or by a petition signed b7 owners of 50 oer cent in valuation of the property designated by the Planning Board as affected by the Proposed amendmendment ; except that no proposed amendment which has been acted upon by vote of the Town Meeting shall be proposed again by petition in substantially the same form within one year of such action. The Planning Board shall hold a public hearing for consideration of each amendment so proposed, notice of which shall be published in a newspaper published in the Town and mailed to such interested parties as the Board shall designate, fourteen days at least before the date fixed for such hearing. No amendment shall be voted upon by the Town until after the Planning Board has submitted a final report thereon with recommendations to the Town Meeting. " And you are directed to serve this Warrant seven days at least before the time of said meeting:as provided in the By-Laws of the Town. Hereof, fail not, and make due return on this Warrant, with your doings thereon, to the Town Clerk , on or before the time 66 of said meeting . Given under oar hands, at Lexington this twentieth day of February, A.D. , 1934 . Robert P . Trask SETRCTMEN John E. Giicreast Charles E. Ferguson CF Daniel J . O' Connell John A. Lyons LEXINGTON February 24, 1934 To the Town Clerk, I have notified the inhabitants of Lexington by posting Printed copies of the foregoing Warrant inthePost Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town nine days before the time of said meeting. Attest : Patrick J. Maguire Constable of Lexington.