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HomeMy WebLinkAbout1938-03-07-TE-WARRANT and 1938-03-21-ATM-Warrant-1 OF 2 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, qualified to vote in elections and in town affairs, to meet in their respective voting places in said town, PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, THREE AND FOUR, CARY MEMORTA,T, RAT,L, on MONDAY, TAF SEVENTH DAY OF MARCH, A. D. 1938, at six o' clock, A. M„ then and there to act on the follow- ing articles : Article 1, To choose by ballot the following town officers : One Town Clerk for the term of one year; Two Selectmen 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 Menber of the School Committee for the term of three years ; One Moderator for the term of one year; One Member of the Trustees of Public Trusts for the term of six years; Two Members of the Planning Board for the term of three years; One Member of the Planning Board for the term of one year; Two Constables for the term of one year; _ Seventeen Torn Meeting Members in each Precinct for the term of three years; One Town Meeting Member in Precinct Two for the term of two years; One Town Meeting Member in Precinct Three for the term of one year; You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-first day of March, 1938 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 reports 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 vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1939, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accord- ance with Section 17, Chapter 44, General Laws, Article 5. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1938, 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 1938. Article 6, To see if the Town will make the usual appropri- ations for Town expenses for the ensuing year, by direct appropri- ation or by transfer from available funds, or by a combination of the two methods, or act in any manner in relation thereto. Article 7. To see if the Town will vote to transfer unex- pended appropriation balances in any of the accounts to the Excess and Deficiency Account, or take any other action in relation there- to. 386 Article 8, To see if the Town will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax titles. Article 9, To see if the Town will vote to appropriate a sum of money for the Reserve Fund as provided by Chapter 40, Section 6, General Laws, or act in any manner in relation thereto. Article 10, 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 1938 Article 11, To see if the Town will vote to transfer the sum of $1453,47 received from Middlesex County for dog fees to the Cary Memorial Library Account. Article 12. To see if the Town will make an appropriation for the suppression of Gypsy and Brown Tail moths, and other pests, in accordance with Chapter 132, General Laws, or act in any manner in relation thereto. Article 13, 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, as assessed in accordance with the provisions of Chapter 111 of the General Laws, and Acts in amendment thereof and in addition thereto, or take any action in relation thereto. Article 14. To see what action the town will take to meet the assessment of $8, 230,94 heretofore made on it for the purpose of paying its share of the cost of making alterations and con- structing additions in and to the Middlesex County Tuberculosis Hospital under Chapter 417 of the Acts of 1935, as amended by Chapter 205 of the Acts of 1937; to see whether the town will vote to appropriate all or any portion of said assessment and to raise the amount so appropriated in whole or in part in this year' s tax levy or to transfer such amount in whole or in part from any available funds; to see whether the town will vote to appropriate all or any portion of said assessment and to borrow the amount so appropriated on bonds or notes of the town; to see whether the town will elect that all or any portion of said assessment shall be funded through the issue of bonds or notes of the County of Middle- sex as authorized by said Chapter 417, as amended; in case the town shall elect to fund under said Chapter 417, to see whether the town will elect that the assessments to be hereafter made upon it on account of any such funding loan shall be payable by it over the maximum permitted term of fifteen years or over a lesser period; to see whether the town will vote to direct the Town Clerk to file with the Middlesex County Commissioners promptly, and in any event not later than April 15, 1938, an election to fund all or any portion of the assessment already made upon it as aforesaid; and to take any action in connection with the matters contained in this article. Article 15. To see if the Town will vote to appropriate money to pay the necessary expenses of School Officers incurred outside the Commonwealth in securing information upon matters in which the Townisinterested or which may tend to improve the service in the School Department, Article 16. To see if the Town will vote to appropriate money to pay the necessary expenses of the Superintendent of the Water and Sewer Department incurred outside of the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the Water and Sewer Department. Article 17, To see if the Town will vote to appropriate money to pay the necessary expenses of the. Chief of the Fire Department incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the Fire Department. Article 18. To see if the Town will vote to 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 in relation thereto. Article 19, To see if the Town will vote to install water mains in such accepted or unaccepted streets as may be applied for during the year 1938 in accordance with authority contained in the By-laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 20. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1938 in accordance with St. 1897, Ch, 504, as amend- ed, or otherwise, and to take by eminent domain any necessary ease- ments therefor, and to pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town, Article 21. To see if the Town will vote to appropriate funds for the disposal of surface drainage by the construction of drains or conduits and for that purpose to take lands or easements by Eminent Domain as follows : Right of Way to Mill Brook opposite Sylvia Street ; Massachusetts Avenue, from Taft Avenue easterly. Article 22. To see if the Town will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws, Article 23, To see if the Town will vote to raise and appro- priate a sum of money for the improvement of Bedford Street; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; and to be raised by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 24. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Taft Avenue, from Massachusetts Avenue a distance of approximately 1037 feet south- westerly, and pay for the same in whole or in part by direct appro- priation, by transfer from available funds or by the issue of notes or bonds of the town. Article 25. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Cherry Street, from Taft Avenue a distance of approximately 193 feet westerly, and pay for the same in whole or in part by direct appropriation, by trans- fer from available funds or by the issue of bonds or notes of the Town. Article 26. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Cary Street, from Taft Avenue a distance of approximately 250 feet westerly, and pay for the same in whole or in part by direct appropriation, by trans- fer from available funds or by the issue of notes or bonds of the Town. Article 27. To see if the Town will vote to appropriate funds 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. Article 28. To see if the Town will 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 des- ignated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work, or take any action in ref- erence thereto. 38cxt Article 29. To see if the Town will vote to appropriate a sum of money for the improvement of the traffic control system in Lex- ington Center, or take any action in relation thereto. Article 30, To see if the Town will vote to appropriate a sum of money to defray the expenses of a police officer while attending the Federal Bureau of Investigation Training School at Washington, D. C. Article 31. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets : Hayes Lane; Laconia Street, Article 32, To see if the Town will establish a, Planning Board under General Laws, Chapter 41, Sec, 81A, as enacted by Stat- ute 1936, Chapter 211, sec. 4, or act in any manner in relation thereto. Article 33. To see if the Town will accept the provisions of Sections 81F, 81G, 81H, 81 I, and 81 J of Chapter 41 of the General Laws, as enacted by Statute 1936, Chapter 211, Section 4, or act in any manner in relation thereto. Article 34, To see if the Town will provide for a Board of Appeals under General Laws, Chapter 41, Section 81 I, as enacted by Statute 1936, Chapter 211, . Section 4 by amending the General By-laws of the Town by adding a paragraph to that effect to Article XXVI, or act in any manner in relation thereto. Article 35, To receive the report of the Committee appointed to recommend to the Town whether it should increase the size of the present Burlington Street Park area and to see if the Town will: vote to purchase additional land adjoining the present Burlington Street Park area, and to provide the money for such purchase by direct appropriation or by the issue of notes of the town payable in acco-rdar►ce with law. Article 36, To see if the Town will vote to amend the Zoning By-Law by adopting the following amendments thereto or take any action thereon: By substituting for Section 6 thereof the following: Section 6, (a. ) In R,1 and R.2 Districts no dwelling shall be erected within the areas hereinafter defined, except upon a lot having a street frontage of not less than 100 feet, an area of not less than 12, 500 square feet, and having no other dwelling thereon. The first of said areas shall be bounded by the center line or intersection of center lines, of Summer Street commencing at the Arlington Line and continuing to Lowell Street thence in a straight line to the Brown' s Brook Culvert under the railroad right of way, thence along the railroad right of way to Woburn Street, along Woburn Street to Laconia Street, along Laconia Street to Ridge Road, thence in a straight line to the junction of Vine Street and Manley Court extended, thence in a straight line to the intersection of Hayes Lane and Grant Street, thence along Grant Street to Old Colony Road, along Old Colony Road to Woodland Road, along Woodland Road to Adams Street, along Adams Street to Hancock Street, along Hancock Street to Hancock Avenue, along Hancock Avenue to the railroad right of way, along the railroad right of way to Revere Street, along Revere Street to Hancock Street, along Hancock Street to Burlington Street, along Burlington Street to Grove Street, along Grove Street to Baton Road extended, thence along Eaton Road to a'ertwell Road, along Bertwell Road to Williams Road, along Williams Road to Bedford Street, along Bedford Street as far as the southeast boundary of the school property, thence along this boundary to Valley Road, along Valley Road to the railroad right of way, along the railroad right of way to Center Street, along Center Street to Ward Street, along Ward Street to Garfield Street, along Garfield Street to Locust Street, thence in a straight line to the intersection of Cedar Street and Freemont Street, thence along Freemont Street extended to Wood Street, along Wood Street to Massachusetts Avenue, along Massachusetts Avenue to Old County Road, thence in a straight line to the intersection of Roosevelt Road and Wilson Road, along Wilson Road to Marret Road, along Marrett Road to Lincoln Street, along 9'89 Lincoln Street to Weston Street, along Weston Street to Shade Street, along Shade Street to Spring Street, along Spring Street to Marrett Road, along Marrett Road to Waltham Street, along Waltham Street to Vine Brook Road, along Vine Brook Road to Win- throp Road, along Winthrop Road to Highland Avenue, along Highland Avenue to Pelham Road, along Pelham Road to Massachusetts Avenue , along Massachusetts Avenue to Marrett Road, along Marrett Road to Follen Road, along Follen Road to Pinewood Street, along Pinewood Street to Summit Road, along Summit Road to Fern Street, along Fern Street to Pleasant Street, along Pleasant Street to Massachu- setts Avenue, along Massachusetts Avenue to Oak Street, along Oak Street to Carville Avenue, along Carville Avenue to Butler Avenue, along Butler Avenue extended to the Arlington Line, along the Arlington Line in a northeasterly direction to the point of begin- ning. The second of said areas shall consist of the lots, outside the first area, which front directly upon the said portions of said bounding streets. (b ) In all other parts of the Town, outside the boundaries of the areas above described, no dwelling shall be erected except upon a lot having a street frontage of not less than 100 feet, an area of not less than 25, 000 square feet and having no other dwell- ing thereon. (c) On each side of each dwelling or other permitted main structure there shall be provided a side yard of not less than fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. (d) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would inter- sect, the frontage and area shall be computed as if such bounding lines were so extended. (0) Notwithstanding the foregoing provisions of this section, if adjacent lots, any of which has less area or frontage than re- quired by this section, are recorded by plan or deed as all in the same ownership at the time this by-law is adopted, and if (1) sub- stantial expenditures have been incurred, prior to that time, to.: ward the improvement of these lots or approved ways giving access thereto, or toward utilities serving such lots, which improvements or utilities would be diminished in value in a substantial amount by a literal enforcement of the terms of this section, or if (2) adjoining areas have been, prior to that time, developed to a sub- stantial extent by the construction of houses on lots generally smaller than is prescribed by this section and the standard of the neighborhood so established does not reasonably require a subdivi- sion of the applieart' s land into lots as large as is hereby pre- scribed, then the owner of these lots may apply to the Board of Appeals for relief from the terms of this section as applying to - any of these lots, and the Board of Appeals may grant such relief by making special exceptions to the terms of this section, subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this by-law, where desirable relief may be granted without substantial detriment to the public- good and with- out substantially derogating from the intent or purpose of thie by- law. (f) And furthermore, notwithstanding the said foregoing pro- visions, one dwelling may be erected upon a lot containing less than the above required areas or frontages if such lot was duly recorded by plan or deed at the time of the adoption of this by-law, and did not at the time of such adoption adjoin other land of the sane owner available for use in connection with such lot. Article 37. To see if the Town will vote to appropriate money to pay any -unpaid bills for prior years of the various town depart- ments. epart- ments, Article 38, To see if the Toon will vote to raise and appro- priate a sum of money for the Contributory Retirement System estab- lished under the provisions of Chapter 318 of the Acts of 1936, or take any action in relation thereto. 390 Article 39, To see if the Town will vote to authorize the Selectmen to construct granolithic or bituminous concrete sidewalks where the abutting owner pays one-half the cost, and provide funds for said construction by direct appropriation. Article 40. To see if the Town will vote to appropriate money for the replacement and installation of water mains not less than 6 inches and not more than sixteen inches in diameter in the following streets and in such other streets as the Selectmen may determine : Cottage Street, from Woburn Street to Woburn Street, a dis- tance of approximately 850 feet; East Street, from near Vine Brook to the Doran property, a distance of approximately 850 feet; and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 41, To see if the Town will vote to appropriate a sum of money for the installation of fire alarm boxes. Article 42. To see if the- Town will vote to appropriate a sum of money for the installation of underground cable and for the separation of tapper and box circuits for the Fire Department. Article 43. To see if the Town will appropriate money for the installation of a drinking fountain at the North Lexington Playground, for the erection of a fence at the East Lexington Playground, and for the erection of a fence at the Center Play- ground, or take any action in relation thereto. Article 44. To see if the Town will vote to construct Charles Street from Massachusetts Avenue to Taft Avenue, a distance of approximately 800 feet, and pay for the same in whole or in part by direct appropriation, by transfer from available funds or by the issue of notes or bonds of the Town. Article 45. To see if the Town will vote to construct Hibbert Street from Massachusetts Avenue southwesterly, a dis- tance of approximately 230 feet, and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 46, To see if the Town will appropriate a sum of money for the Development of a Loam Supply, 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 of said meeting. Given under our hands at Lexington, this twenty-third day of February, A. D. , 1938. Ci='&RLES B. FERGUSON WILLIAM G. POTTER SELECTL EN PHILIP M. CLARK OF ARCHIBALD R. GIROUX LEXINGTON ALBERT A. ROSS February 28th, 1938 To the Town Clerk: I have notified the inhabitants of Lexington by posting print- ed copies of the foregoing Warrant in the Post Office, in the ves- tibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every regis- tered voter in the Town seven days before the time of said meeting. Attest : Patrick J, Maguire Constable of Lexington 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, quali- fied to vote in elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Monday, the 25th day of April, 1938, at eight o' clock P.M. , then and there to act on the following articles : Article 1, To see if the Town will vote to ratify the execution by the Selectmen of a contract, contingent upon ratification by the Town, with Charles W. Ryder, Charles W. Ryder and Robert L. Ryder as Trustees of the Lexington Estates Trust, and Robert L. Ryder as Trustees of the Lexington Real Estate Trust dated October 26, 1937, a copy of which is now on file with the Selectmen and open to pub- lic inspection, or take any other action with respect to the said contract. Article 2. To see if the Town will adopt any or all of the recom- mendations of the Vine Brook Drainage Committee which report was received by the Town at its meeting held September 27, 1937. Article 3. To see if the Town will authorize the execution by the Selectmen of a contract for the execution of drainage improvements in and adjacent to Vine Brook for the purpose of carrying out any or all of the recommendations of the Vine Brook Drainage Committee contained in the report of that committee received by the Town at its meeting of September 27, 1937 and authorize the taking by emi- nent domain of any lands or easements in lands for the purpose of carrying out any of the said recommendations, and will make an appropriation therefor, and meet the said appropriation by direct assessment or by the issue of bonds or notes of the Town payable as provided by law. Article 4, To see if the Town will authorize the Selectmen to compromise actions now pending against the Town brought by Charles W. Ryder, and Charles W. Ryder and Robert L. Ryder as Trustees of the Lexington Estates Trust and Robert L. Ryder as Trustee of Lex- ington Real Estate Trust, and actions brought by the Town against them, as provided in an agreement, conditioned upon ratification by the Town, between the Selectmen and the said Ryders dated October 26, 1937, a copy of which is now on file with the Board of Selectmen and open to public inspection, and appropriate money therefor, and meet the said appropriation by direct assessment, 1my� by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with law, or will authorize the Treasurer under the provisions of Chapter 49 of the Acts of 1933, as amended, to borrow against tax titles from the Commonwealth of Massachusetts an amount necessary to meet said appropriation, payment of the said sum of money and execution of the said settle- ment to be subject to such conditions, if any, with respect to performance by the said Ryders in accordance with the said agree- ment, as may be imposed by the Town. 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 of said meeting. Given under our hands at Lexington, this 23rd day of Febru- ary, A.D. , 1938. CHARLES E, FERGUSON SELECTMEN PHILIP M. CLARK ARCHIBALD R. GIROUX OF WILLIAM G. POTTER AT,RERT A. ROSS T,K,XTNGT ON February 28th, 1938. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post 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 seven days before the time of said meeting. Attest : PATRICK J. MA.GUIRE Constable of Lexington.