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HomeMy WebLinkAbout1939-07-27-STM-WARRANT 496 C.71 TOWN WARRANT Commonwealth of Massachusetts Middlesex, as. 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 Thursday, the 27th day of Zuly, 1939 at eight o'clock P. M. , then and there to act on the following articles: Article 1. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 2. To see if the Town will vote to appropriate a sum of money to pay the netessary expenses of the Superintendent of Schools incurred outside the Commonwealth in securing inform- ation upon matters in which the Town is interested or which may tend to improve the service in the School Department. Article 3. To see if the Town will accept a gift under the will of Emma I. Fiske to be used for the decoration and/or equip- ment of the Primary Department of the Adams School, consisting of a collection of minerals, an upright piano, and the sum of $500.00. , Article 4. To see if the Town will accept Chapter 91 of the Actipf 1939, of 7hich the following is a copy: Chapter 91 " AN ACT AUTHORIZING THE CHANGING OF THE METHOD AND RATE OF ASSESS* MEWS FOR SEWERS CONSTRUCTED BY THE TOWN OF LEXINGTON IN CO-OPER- ATION WITH THE FEDERAL GOVERNMENT. Be it enacted, etc. , as follows: Section 1. The provisions of section one of chapter three hundred and twenty-two of the acts of nineteen hundred and thirteen, as amended by section one of chapter two hundred and twenty-one of the acts of nineteen hundred and tventy-six, with reference to assessment of the cost of sanitary sewers constructed in the town of Lexington in accordance with the provisions of chapter five hundred and four of the acts of eighteen hundred and ninety-seven, as amended, shall not apply to sanitary sewers, as defined in section one of said chapter two hundred and twenty-one, constructed in the said town in co-operation with the Works Progress Administration of the United States. The portion of the cost of such sanit- ary sewers which is not paid or provided by said Works Progress Administration shall be assessed upon the estates specially benefited by such sanitary sewers. The board of selectmen of said town shall determine the amount to be so assessed and shall apportion the same upon the estates that they shall determine to be specially benefited, in the proportion which the area of each such estate, for a depth not to exceed one hundred and twenty-five feet, bears to the total area included in the calculation, but the entire estate shall be subject to the lien for such assessment. No land shall be taxed or assessed hereunder more than once. No assessment hereunder shall be levied upon any estate or part thereof, which by reason of its grade or otherwise cannot be drained into such new construction, until such incapacity 497 has been removed. No assessment hereunder shall exceed the amount of the special benefit to the estate assessed. No drain or sewer from an estate or part thereof not previously assessed or not presently liable to assessment as herein provided, or as provided in said chapter three hundred and twenty-two, as amended by said chapter two hundred and twenty- one, shall be entered in such a sanitary sewer, as defined as aforesaid, so constructed in co-operation with said Works Progress Administration, except upon the payment of such an assessment or charge and upon such other terms and conditions as the board of selectmen of said town shall determine. The provisions of chapter eighty of the General Laws relative to the apportionment, division, reassessment, abatement and collection of assessments, and to interest, shall apply to assessments made under this act. The cost of such sanitary sewers so constructed shall not be included in future determ- ination of "cost" of se ;rs for the purpose of assessment under said chapter three hundred and twenty-two, as amended by said chapter two hundred and twenty-one. Section 2. This act shall take full effect upon its acceptance within two years after itspassage by the Town of Lexington. Approved March 24, 1939. " Article 5. To see if the Town will vote to transfer unexpend- ded appropriation balances in any of the Accounts to the Excess and Deficiency Account, or take any other action in relation thereto. Article 6. To see if the Town will vote to install street lights in the following unaccepted street: Aerial Street. Article 7. To see if the Town will vote to make further appropriations for the year 1939 by transfer or otherwise, for the following accounts: Maturing Debt; Law Department - Expenses; State Aid. Article 8. To see if the Town under the authority of Chapter 63 of the Acts of 1939 or under any other authority will authorize the Selectmen to borrow during the current year for the refunding ofloans already lawfully issued for the purpose of meeting in whole or in part appropriations made to repair extraordinary damage to the highways, bridges or other public works of the Town or any combination of such public works as a result of the storm in September, 1938, or to appropriate additional money to meet pay- ment in 1939 of loans issued in 1938 or a combination of the two methods. Article 9. To see if the Town will vote to rescind the vote passed under Article 19 of the Warrant for the Town Meeting held on March 20, 1939 to appropriate a sum of money for the improve- ment of Bedford Street, said money to be expended under the direct- ion of the Selectmen and to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose. Article 10. To see if the Town will vote to ratify the ex- ecution by the Selectmen of a contract, contingent upon ratific- ation by the Town, with Charles W. Ryder of Newton, Massachusetts, Minnie M. Ryder of the said Newton, Robert L. Ryder of Lexington, Massachusetts, the said Charles W. Ryder and Robert L. Ryder as they are Trustees of the Lexington Estates Trust, and 'the said Robert L. Ryder as he is Trustee of the Lexington Real Estate Trust, dated July 10, 1939, for the purpose of settling litiga- tion and other controversies between them and the Town, a copy of which is now on file with the Selectmen and open to public inspection, to appropriate the sum of $41,000.00 for the purpose 498 00 of said settlement, of which $35,000. will be applied for the redemp- tion of tax titles held by the Town and unpaid taxes and interest as provided in the said agreement, and provide for the payment of the same by assessment or by transfer from other accounts, and to take any other action with respect to the said contract. Article 11. To see if the Town will authorize a compromise Of any or all litigation or other controversies between the Town and the parties referred to in the last preceding Article, their mort- gagees or successors in title , and provide for any payments so authorized by assessment or transfer from other accounts or by the issue of bonds or notes of the town payable as provided by law. Article 12. To see if the Town will vote to authorize the Assessors to use $35,000.00 from Free Cash toward the reduction of the 1939 tax rate. Article 13. To see if the Town will amend its Plumbing By- law by substituting therefor a new Plumbing By-law, a copy of which is on file in the office of the Town Clerk and open to pub- lic inspection, and a printed copy of which is enclosed with this Warrant, which is by this reference incorporated herein and made a part hereof, and appropriate by transfer or otherwise, funds to pay for the printing and advertising of the same, or take any other action in relation thereto. Article 14. To see if the Town yin vote to amend the Zoning By-Law by adopting the following amendments thereto, or take any action thereon: By inserting in Section 2: "(g) A limited apartment building is a group of apartments not over two and one-half stories high, arranged in rows or on two or three sides of a central court." By inserting in Section 3 (a), after R.2:- "R.3 indicates a limited apartment district.' • By inserting in Section 3 (b ), R.1 Districts, in the second line after "R.2", the symbols "R.3", By inserting in Section 3 (b) , after R.i- Districts, 10, - the words "R.3 Districts" By inserting in Section 4, just before "In T.1. Districts", - the following:- "In R.3 Districts:- All uses that are permitted under R.1, but subject to any conditions and restrictions set forth therein and, subject to the provisions of Section 9, the following:- 1. Limited apartment buildings. 2. Group garages, as provided in Section 8, •(e )." By inserting in Section4, in T.1 Districts, after "R.1" the symbols "R.2 and R.3". By inserting in Section 4, In M. 1 Districts, after "R.2" the symbols "R.5". By adding to Section 6, the following:- "(c ) In R.3 Districts no limited apartment building shall be permitted upon a lot having less than 100 feet frontage upon 499 the frontage street, nor shall it cover with its main struct- ure, not including garages but including porches, steps or other additions a total of more than 25% of the lot area. For each limited apartment building there shall be yards at front and rear and at both sides, beyond the exterior line of any porch or other part of the building, of not less than 15 feet in width which shall not be occupied by any building or struct- ure at any time, provided however that any such yard abutting upon a C.1 District shall be not less than thirty feet in width. No court shall be less than 30 feet in width. " By adding to Section 7, (a) after "R.2" the symbols "and R.3". By adding to Section 7, (b), the following:- "In R.3 Districts no limited apartment building shall be erect- ed at a greater distance than 40 feet from the frontage street unless there is provided a driveway of not less than 15 feet in width of traveled way leading from the street to the build- ing." By adding to Section 8, the following:- " (e ) In R.3 Districts, private garages, not over one story high, in groups, each group being for the sole use of the occupants of one limited apartment building, for their pleasure cars only, subject to the provisions of Section 9, provided that such group garages shall be not less than 25 feet from any part of a limited apartment building." By changing Section 9 " (h)" to "(i )". By substituting for the present paragraph " (h)" in Section 9, the Following:- "(h)" In considering an application for a permit for a limited apartment building, and accessary buildings permitted in 'connection therewith, the board shall consider the design and location of the main building and accessary buildings, as affecting light, ventilation and fire protection, probable traffic hazards, and other features affecting health, safety and welfare. The board may give weight to existing permanent open space, lot irregularities or topographical conditions as bearing on the requirements of this paragraph." Article 15. To see if the Town will vote to install a water main in Crescent Road a distance of two hundred and forty feet (240 ft. ) in a southerly direction, with such connections as are required to the existing system, in accordance with Article 8, Section 1 of the By-Laws of the Town, without the assessment of betterments; and take the necessary easements required therefor by Eminent Domain, or otherwise , and to appropriate funds for the same by transfer or otherwise. Article 16. To see if the Town will accept a gift from Annie F. Shepard of 1386 Massachusetts Avenue, Lexington, Massachusetts, of forty United States flags to be placed around the Common when so decreed by the Selectmen, or take any action in relation thereto. 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 500 your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this tenth day of July, A. D. , 1939. Archibald R. Giroux SELECTMEN William G. Potter Errol H. Locke OF A. EdYard Rowse . Geo. W. Sarano uTINGTON July 20, 1939. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant 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. Maguire Constable of Lexington.