HomeMy WebLinkAbout1938-04-25-STM-MINUTES 426 0-1
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SPECIAL T7IN IEET-NG HELD APRIL 25, 1938
irleeting called to order b7 the Moderator, Robert H. Holt,
at 8:15 P.M.
There were 169 Town Meeting Members present.
70711 Clerk James J. Carroll read the warrant for the
meeting si-red by the Selectmen February 23, 1938, until upon
motion of A. Edward. Rowse, further reading was waived.
Town Clerk James j. Carroll read the Constables return
of said warrant,
Town Clerk James J. Carroll read the warrant for the meet-
ing by the Selectmen April 7, 1938, until upon notion
of A. Edward. Rowse further reading of the warrant was waived.
Town Clerk James J. Carroll read the Constblels return
of th- warrant.
Selectman Archibald. R. Giroux moves to take up Article 1
of the warrant signed April 7, 1938.
Allen B, Bucker, Cifsir-miar of the Appropriation Committee,
presents reports of the Appropriation Committee covering both
warrants , which were accepted and placed on file .
Selectman Archibald. P.. Giraa7 asks permission of the
=stir- to permit Superintendent of Public lTorks, John W. Ray-
mond. Jr. to have a seat in the meeting.
Permission granted®
Selectman Archibald H. Giroux moves to take up Article 3
of the warrant signed. by the Selectmen February 23, 1938, offer-
ing the following.
Article 3e VOTED: That the Selectmen be authorized in the name
of and on behalf of the Town to acquire by purchase or eminent
domain for surface and sanitary drainage purposes any or all of
the lard on both sides of Vine Brook as follows: ( a) on the
relocated North and Soutl-, Branches of Vine Brook from liarrett
Road to Vine Brook Road for an aggregate width not exceeding
one hundred and fifty feet; (b) from the easterly side of
7althp-m_ Street to the location described under ( a) of this
vote for an aggregate width of sixty feet; ,1') from Vine Brook
Head to Massachusetts Avenue for an aggregate width of fifty
fest; ( d) from the lard of the m= On which stands the Town
Office Building to Hayes Lane for an aggregate width of twenty-
five feet; ( e) from Hayes Lane to North Street for an aggregate
width of one handree fifty feet; ( f) temporary leasehold interest
in adjoining lard for use during construction; together with
the right to deepen, widen, straighter ard relocate the parts
of the channel of the said. Vine Brook and. its North and South
Branches within the said takings, to change its location from
its present channel, to construct closed conduits in place of
open channels and to change the direction, volume and rapidity
of the flow of the said Brook Prd its said Branches, and of
any surface or undergraand water flowing into it, and that the
Selectmen be aathorized in the name of and on behalf of the Tann
to execute a contract or contracts Per the construction of drain-
age improvements in and adjacent to Vire Brook extending from
7;inth2op Road Extensior s -oalled on the South Bra-,,ch auc a :
Street on the North Branch to North Street, including the con-
struction of a conduit in place of an open channel fon ='-)e
junction of the North and South Br-arches to Hayes Lane,
sub-
stantially as recommended by the Vine Brook Dralrge Committee
in a report received by the To= Sectembe- 27 , 7937, and for
the _purpose of meeting the cost of each construction the sum of
273,000, be appropriated, of which y2,000 . Is to be raised from
nei_revene of the carrent year, and ' 271 ,000 . as to be pro ,i1
vide
u_it2, sale of bonds or notes of the Town Issoed. an accordance
Tith ,ne law and payable in not more than ter years from the date
thereof.
427
General discussion from numerous speakers for and against.
Amendment offered by Robert H. Eldridge as follows : that
term o' years in 'Which payable be changed to read thirty years
instead of ten years .
Amend-aert as Preserted carried unanimous 9 :31 PLM
Main notion as presented with amendment pat to a standing
vote as follows :
In Favor Tellers Opposed
14 Converse Hill 23
42 Robert D. Mayo 54
14 Clements H, Ferguson 18
7C 95
Lost 70: 2
Theodore A. Custance offers the following as an alternate
vote under Article 3, as follows :
Article 3, Voted : That the Selectmen be authorized in the
name of and on behalf of the Town to acquire by purchase or
eminent domain for surface and sanitary drainage purposes any
or all of the lard or both sides of -.Tine Brook as follows :
( a) on the South Branch and main channel of Vine Brook from
7Tirtl--op Road extension to Vine Brook Road for an aggregate
widt-r, not exceeding one hundred feet ( 100T ) ; (b) from the
easterly side of 7:althorn Street to the location described
under ( a) of this vote for an aggregate width of sixty feet;
( c) from. Vine Brook Road to Massachusetts Avenue for an aggre-
gate w"dt-1 of fifty feet; ( d) from the land of the Town on
ncn stands rae To 'ii Office Building to Hayes Lane for an
aggregate wicItr- of twerty-five feet; from. Hayes Lane east-
erly approximately two hundred and fifty feet for an aggregate
width not exceeding one hundred arid fifty feet; ( f) temporary
leasehold interes-t in adjoining land for use daring construction;
together with the right to deepen, widen, straighten and relo-
cate the parts of tile channel of the said Vine Brook and its
Forth and South_ Branches within the said takings , to charge its
location from its present channel, to construct closed conduits
in place of open channels and to construct culverts under Forth
and East Streets , and to change the direction, volume and rapid-
ity of the -1 = of the said Brook and its said Branches , and of
any surface or underground water flowing into it, and that the
Selectmen be authorized in the name and on behalf of the Town,
to execute a contract or contracts for the construction of drain-
age improvements in and adjacent to Vine Brook extending from
Tinthrop Road Extension so-called on the South Branca and the
westerly side of :althorn Street on the, "Tortm franca to a point
about two hundred and fifty feet easterly of Hayes Lane, inclu-
ding the construction of a conduit in place of an open channel
from the present junction of the Forth and South Branches to
Hayes Lane, and culverts under Forth and East Streets, and for
the purpose of meeting the cost of such construction and land
takings, the sum of -t,'192,000.n0 be appropriated, of which
2,000 .00 is to be raised from the revenue of t'le current yep-,
and ;190,000 .00 is to be provided by the sale of bonds or notes
of the Town issued in accordance with the law and payable in not
more than ten years from the date tl-ereof.
Motion as presented put to a standing vote as follows :
in Favor Tellers Opposed
11 Converse Hill 26
22 Robert D. Mayo
0-
5 Clements H. ,t,er-4usor 21
38 109
Lost 10:30 P.1:.
428
Selectman Archibald. H. Giroux moves to take up Article One
of warrrt signed. February 23, 1958, moving same be indefinitely
postponed.
Carried. Unanimous 10:31 P.M.
Selectman Archibald. R. Giroux moves to take up Article Two
of warrant signed February 23, 1938, moving same be indefinitely
postponed.
Carried. Unanimous 10 :31
Selectman Archibald. H. Giroux moves to take up Article Four
of warrant signed. February 23, 1938, moving same be indefinitely
Postponed.
Carried. Unanimous 10:31 P.M.
--
Selectman Archibald. R. Giroux moves to take up Articles 6,
7 and 8 of war-art signed. April 7, 1938, moving the three Articles
be indefinitely postponed.
Carried. Unanimous 10:31 P.M.
Selectmar Archibald. R. Giroux moves to take up Article 9 of
warrant signed. April 7, 1938 as follows :
Article 9 , VOTED: That the sum of ,:>1500 , be aPpropriated for
services ard expenses in the defense of the Ryder drainage cases,
said money to be raised from the revenue of the current year.
Carried 10:32 P.M.
Selectman Archibald. H. Giroux moves to take up Articles 4
and. 5 of warrant signed. April 7 , 1932, as follows:
Article A. VOTED: Tbat the Selectmen be authorized to install
sewer mains in the following unaccepted streets , subject to the
assessment of betterments , and'to acouire by purchase or by
eminent dorp.in any necessary easements therefor:
Ave- e, from'a point near Rawson Avenue . to Melrose
Avenue, a distance of approximately 950 feet;
::e' rose Avenue, from Rindge Avenue northwesterly, a distance
of approximately 200 feet;
Rawson Avenue, between Albemarle Ave . and. Rirdge Avenue:
Albemarle Avenue, from Rawson Avenue southerly, a distance of
approximately 150 feet, and also from Tiinn Avenue, a distance of
approximately 180 feet southerly;
Vino Avenue, between Albemarle Avenue and. HindL7e Avenue,
distance of approximately 360 feet;
and that for this purpose the sum of ,i16,300 , be appropriated.,
this money to be provided by the issuance of notes of the Town c'or
a period of five years under the provisions of Chapter 44 of the
General
See Page 430i
Article 5, VOTED: That the Selectmen be aatb.orized to install a
sewer main in Bow Street, between Rawson Avenue and a point ap-01-0-7.-
imately 800 feet southerly of Rawson Avenue, subject to the assess-
ment of betterments, and that for this purpose the sum of S6700 ,
be appropriated, this money to be provided by the issuance of notes
of the Town for a period of five years under the provisions of
Charter 44 of the General Laws ,
Allen V. Rucker, Chairman of the Appropriation Committee,
offers following amendment to Article 4 as follows:
This vote not to be effective until at least 75of the
owners of property benefitted on ( the streets erulerater herein)
have a_oreed to rap- the betterment assessmert.
Motion made ard seconded by Selectman Archibald. R. C7--: na7
Articles 4 and 5 be laid on table for present, carried 10:57 P.M.
See Page 430i
429
William R. Greelev offers the following motion under Article
One of warrant signed April 7, 1938-9 as follows:
Voted: That the Moderator be authorized to appoint a com-
mittee of seven to study and report upon the general future devel-
opment and disposition of lands in the Vine Brook area, and that
x1500 be appropriated and assessed for this purpose .
Moderator Robert H. Holt rules motion out of order, therefore
declared lost - 11:00 P.M.
Edward W. Kimball moves to take up Article 10 of warrant
signed April 7, 1938, offering the following:
Voted: That the sura of 2300 . be appropriated for the
Planning Board for Engineerin`. Purposes .
Carried 11:02 P.M.
Selectman Archibald R. Giroux moves to take Articles 4 and
5 from table. -
Moderator Robert '701t reads amendment as presented by
Allen 7. Rucker of the Appropriation Committee .
This vote not to be effective until at least 75a of the
owners of property benefitted on ( the streets enu-aerated 'Herein}
irlave agreed to pay the betterment assessment.
Carried 11: 11 P.M.
Article 4 as presented with amendment put to a standing vote
as follows:
In Favor Tellers Opposed
23 Converse Hill 2
70 Robert U. Mayo 0
21 Clements H. r er ;ison l
114 3
Carried 11:12 P.M.
See Page 4302.
Selectman Archibald H. Giroux presents Article 5
Sane azendment applying to Article 4 reser':ed by , len W.
Rucker, Chairman of Approrriation Committee, as follows:
This vote not to be effective until at leas': 75% of thie
owners of property benefitted on ( the streets enumerated he -
eil;
have agreed to pay the betterment assessment,
Carried Unanimous 17 : 74 P.M.
Article 5 presented with amendment, carried uallimous 11:15
P
See Page 4302.
Selectman Archibald R. Giroux moves to take up Article 2,
cresenting the following:
Article 2, 'VOTED: That the Selectmen be authorized to install a
ir=k line sever beginning at the Metropolitan Sewer rear the
Arlington-Lexington Line, :tnerce in a general northerly direction
for aJdistance of approximately 1320 feet to a point in R,r?d=2:e
-venue about 300 fees southerly of ?°jinn Avena e, and to aco,uire
any necessary lands or easements by purch.ase or by emirent eminentdo aim;
and that the Selectmen bt be authorized to cause this to be done `as a
Federal Works i rorgresss Adm . n1 ' �nti ,mil Project:. for this
1.__ �J Lrl GL ..,.. J. L! V V v ., (1 (�i'r n c'
the s?.'r of =)20 „,000, be sorropr __=ted_ ( including lard C 9.--ges said
money to be provided by the borrowof 20,000, under -i' e` pro-
visions o= Ch -L',3r 58 of the Acts of 1938
Allen W. Rucker, Chairman of An pr' i
o _ ��i_on Uc���i�it�•ee, o�"fers
amendment that sum read 15 ,000 . instead c� X20,000
40 C.71
Pe-sq
Amendment carried 11:22 P.M.
Question by Town Counsel, Sydney F . 'fright-Ins-ton, if sane
agreement regarding property owners las to apply.
Answered b7 the Moderator, Robert H. Molt, yes, the followirg amendment being offered:
Voted: The vote under Article 1770 not to be effective until
the Articles Four and Five become effective re7arding the assess-
ment of betterments .
Amendment carried 11:22
Main motion -ith both amendments carried unanimous 11:22 P.M.
Motion made and seconded that meeting be dissolved,
11:24 P.T.T.
A ti-.ie -ecord.
Attet:
Town C
June 24, 1938
Town, Clerk
Town of Lexington
Lexington, Mass,
Dear Sir:
Due to increasing business demands upon my time, I find
it necessary to discontinue work on the Town Appropriation
Committee. Will you kindly accept my resignation, effective
June 30, 19381
I take this step with real regret as I think you know.
Please accept my continuing appreciation for the coop-
eration which your Board has extended the Appropriations Com-
mittee during the past year.
Cordially yours,
3/ A. W. Rucker
Allen W. Rucker
AWR-lw
597
ARTICLES 4 AND 5 AS PASSRD AT A
SPECIAL TOWN MEETING P.,ELD APRIL 25, 1938
Article 4. VOTED: That the Selectmen be authorized to install sewer
mains in the following unaccepted streets, subject to the assessment
of betterments, and to acquire by purchase or by eminent domain any
necessary easements therefor:
Rindge Avenue, from a point near Rawson Avenue, to Melrose
Avenue, a distance of approximately 950 feet;
Melrose Avenue from Rindge Avenue northwesterly, a distance
of approximately 200 feet;
Rawson Avenue, be Lv een Albemarle Ave. and Rindge Avenue;
Albermarle Avenue, from Rawson Avenue southerly, a distance of
approximately 150 feet, and also from Winn Avenue, a distance of
approximately 180 feet southerly;
Winn Avenue, between Albemarle Avenue and Rindge Avenue, a
distance of approximately 360 feet;
and that for this purpose the sum of $16,300. be appropriated,
of which $1300. is to be raised from the revenue of the current
year, and $15,000. is to be provided by the issuance of notes of
the Town for a period of five years under the provisions of Chapter
22 of the General Laws.
Allen W. Rucker, Chairman of the Appropriation Committee,
offers the following amendment:
This vote not to be effective until at least 75% of the owners
of property benefitted on ( the streets enumerated) herein have agreed
to pay the betterment assessment.
Amendment as presented carried unanimous at 11:11 P.M.
Main motion as presented with amendment carried as follows:
In Favor Tellers Opposed
23 Converse Hill 2
70 Robert D. Mayo 0
21 Clements F. Ferguson 1
114 3
Carried 11:12 P.M.
Article 5 of warrant signed April 7, 1938.
Article 5. VOTED: That the Selectmen be authorized to install a
sewer mein in Bow Street, between Rawson Avenue and a point approx-
imately 800 feet southerly of Rawson Avenue, subject to the assess-
- went of betterments, and that for this purpose the sum of $6700.
be appropriated of which 1700. is to be raised from the revenue
of the current year, and 5000. is to be provided by the issuance
of notes of the Town for aeriod of five years under the provisions
of Chapter 44 of the General Laws .
Allen W. Rucker, Chairman of the Appropriation Committee,
offers the following amendment:
This vote not to be effective until at least 75% of the owners
of property benefitted on ( the streets enumerated) herein have agreed
to pay the betterment assessment.
Amendment as presented carried unanimous at 11:15 P.M.
Main motion as presented with amendment carried unanimous at
11:15 P.M.