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HomeMy WebLinkAbout1938-08-08-STM-MINUTES 484 tA This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) Where a corner lot has its corner bounded by a curved line connecting. other bounding lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. 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 nineteenth day of July, A. D., 1938. ARCHIBALD R. GIROUX MAJORITY OF A. EDWARD ROWSE SELECTMEN ALBERT A. ROSS OF • WILLIAM G. POTTER LEXINGTON July 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 cony of the same to every registered voter in the Town ten days berore the time of said meeting. Attest: Patrick J. �+1a ire ons able of Lexington • SPECIAL TOWN MEETING HELD AUGUST 8, 1938 Meeting called to order at 8:10 P.D . by the Moderator, Robert H. Holt. There were 148 Town Meeting Members present. - Town Clerk, James J. Carroll, read the warrant for the meet- ing, until upon motion of A. Edward Rowse, further reading of the warrant was waived - so voted. Town Clerk, James J. Carroll, read the Constable's return of the warrant. Robert C. Merriam moves to take up Article One, presenting the Appropriation Committee's Report of the Articles contained in the warrant, moving that same be accepted and placed on file - so voted - 8:12 P.M. On account of the shortage of time, allowing for the prep- aration of the Appropriation Committee's Report, which did not allow report to be received by Town Meeting Members, Robert C. Merriam asks permission to read report to the Tom Meeting Mem- bers. Permission granted. 435 Edward W. Kimball suggests articles not to be read in the report, only the recommendations of the Appropriation Committee as contained in their report. Suggestion accepted 8:20 P.I . Robert C. Merriam completed reading report at 8:30 P.M. Selectman Archibald R. Giroux moves to take up Article 2, moving that Article 2 be indefIn5tely postponed. Unanimous - 8:31 P.M. Selectman Archibald R. Giroux moves to take up Articles 3, 4, 5, 6 and 7, and if no objections, to act upon all the men- tioned articles at the same time. No objections. Article 3. To see if the Town will authorize, the execution by the Selectmen of contracts for the construction 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 eminent domain of any lands or easements in lands for the purpose of carrying out any of the said recommen- dations, 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 vote to authorize the Selectmen, on behalf of the Town, to purchase or take by eminent domain the land, right or easement to construct at the outlet of Butterfield's Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and, the right to flow the land under and adjoining the said Butterfield's Pond and its tributar- ies, and that the Selectmen be authorized in the name and on be- half of the Town ,to execute contracts for the construction of such a dam and appurtenant works, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in accordance with the law. Article 5. To see if the Town will authorize the Selectmen to construct a conduit to enclose the North Branch of Vine Brook from the west side of Waltrain Street to the junction of the North and South Branches, or any part thereof, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in accordance with the law. Article 6. To see if the Town will vote to authorize the Select- men to construct a low level sewer from a point about two hundred and ten feet east of Hayes Lane to a point about two hundred and, twenty feet south of- Vine Brook Road near the conduit to be con- structed for Vine Brook as authorized by this meeting, and to acquire by purchase or by taking by eminent domain any necessary easement therefor, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with the law. Article 7. To see if the Town will accept the grant allotment of the Federal Public Works Administration to aid the Town in fingnc- ing the Sewer and Vine Brook Projects to be acted upon under Art- icles 3, 4, 5 and 6 of this Warrant, and will authorize the Select- men to execute agreements on behalf of the Town of Lexington, be- tween the Town of Lexington and the United States of America for certain proposed Sewer and Storm Drain Projects, or take any action relating thereto. Various speakers speak on the articles involving the Vine Brook. Arthur F. Hutchinson moves that Articles 3, 4, 5, 6 and 7 be indefinitely postponed. 8:52 P.M. Indefinite postponement declared lost by voice vote 8:53 P.M. See Page 4351, with follows . 486 k. General discussion by many speakers, both for and against. '',,, Moderator Robert S. Holt states as long as the five Articles ''\ Were acted upon as one group, if it would be agreeable with the Selectmen and the Town Meeting Members to vote on the group under one Article number, eliminating the numbers 3, 4, 5, and 6, call- ,r` ing the entire group as Article 7. ' Town Counsel, Sydney R. Wrightington, states it would be better to consider all as Article 3, which as approved by thee. Selectmen and the -Town Meeting Members. .The following rising vote was taken: In Favor ' Tellers Opposed 29 . Charles M. Blake 5 56 Lester T. Redman 17 27 Roger D. Long 7 112 .. ..,. 29 Carried 9-3�-5'.It� Selectman Archibald R. Giroux moves to take up Article 8, offering the following: Article 8. To see if the Town-will vote to change the rame of "Depot Park" to "Emery Park", or take any action in relation thereto. Neil McIntosh offers the following amendment: That the Park be named "Frederick L. Emery Park" instead of "Emery Park" . Amendment declared carried unanimous 9:35 P.M.- Main motion with amendment presented to the meeting and declared carried unanimous 9:36 P.M. Selectman Archibald R. Giroux moves to take up Article 9, moving that Article 9 be indefinitely postponed. Carried Unanimous 9:36 P.M. Selectman Archibald R. Giroux moves to take up Article 10, offering the following: Article 10. To see if the Town will vote to accept a gift in. the amount of 400. under the will of Emma I. Fiske, to be in- vested and the income used to place three bouquets of flowers around the monument in her family lot in Yap-Poe Cemetery on Memorial Day and on September 15th of each year. Carried Unanimous 9:37 P.M. Selectman Archibald R. Giroux moves to take up Articles 11 and 12 together, no objections, the following offered: Article 11. To see if the Town will accept a devise under the will of Bedros H. Basilian of an undivided one-half interest in. a certain parcel of land at the corner of Massachusetts Avenue and Wood Street to be known as ."Bashian's Park." Article 12. To see if the Town will authorize the Selectmen to execute a deed of all right, title and interest of the Town in and to an undivided one-half interest in a certain parcel of land at the corner of Massachusetts Avenue and Wood Street devised to it by the will or whoever may appear to be .entitled thereto. Articles 11 and 12 both carried unanimous - 9:42 P.M. Article 3. VOTED: to take up articles 3 to 7 together, and F[7RTHEh-t VOTk. ): That the Selectmen be authorize in the name of and on behalf of the town to acquire by purchnse or eminent domain for surface and sanitary drainage purposes any or all of the land on °oth sides of Vine Brook as follows: (a) on the re- located North and South Branches of Vine Brook from Marrett Road to Vine Brook Road for an aggregate width not exceeding one hundred and fifty feet; (b) from the easterly side of Waltham Street to the location described under ( a) of this vote for an aggregate width not exceeding sixty feet; ( c) from Vine Brook Road to Massachusetts Avenue for an aggregate width not exceeding fifty feet; ( d) from the land of the Town on which stands the Town Office Building to Hayes Lane for an aggregate width of twenty-five feet; ( e) from Hayes Lane to East Street for an aggregate width not exceeding one hundred fifty feet; ( f) from East Street to North Street for an aggregate width not exceeding fifty feet; ( g) temporary leasehold interest in ad- joining land for use during construction; and to deepen, widen, straighten, and 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, and its said Branches, and of any surface or underground water flowing into it, and to construct drainage improvements in and adjacent to Vine Brook extending from Winthrop Road Extension so-called on the South Branch and Waltham Street on the North Branch to North Street, in- cluding the construction of a conduit in place of an open channel from the junction of the North and South. Branches to Hayes Lane, substantially as recommended by the Vine Brook Drainage Committee in a report received by the Town, September 27, 1937, and that the Selectmen be authorized to do such work as may be required to restore and maintain or supplement existing private rater supplies now in use ( exclusive of operating experes) which may become diminished or impaired as a result of the construction of the proposed Vine Brook Channel; to grant rights of way and to lay out such streets and ways across the lands to be acquired under this vote as may be deemed advisable, and for the purpose of meeting the cost of such construc- tion the sum of Q273,000.00 be appropriated, of which $291600 .00 shall be for land acquired; also under Article 4. VOTED: That the Selectmen be authorized on behalf of the Town to purchase or take by eminent domain lands or the right or easement in lands to construct at the outlet of Butterf ieldt s Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and the right to flow the land under and adjoin- ing the said Butterfi eld$s Pond and its tributaries to the level of elevation one hundred and seventy-six feet above mean sea leve, and that the Selectmen be authorized in the name of and on be=half of the Town to execute contracts for the construction of such a dam and appurtenant works, and that for that purpose the sum of $30,000.00 be appropriated, of which $10,000.00 shPl1 be for land and flowage rights acquired; also under Article 5 . VOTED: That the Selectmen be authorized to construct a conduit to enclose the North Brn!ch of ` _ne Brook from the west side of Waltham Street to the junction of the North and South Branches, and that for that purpose the sum of $17,000.00 be appropriated; also under Article 6. VOTED: That the Selectmen be authorized to construct a low level sewer from a point about two hundred and ten feet (210 ' ) east of Hayes Lane to a point about two hundred and twenty ,feet ( 220 ') south of Vine Brook Road near the conduit to be construction for Vine Brook as authorized by this meeting and to acquire by purchase or by taking by eminent domain any necessary easement therefor, and that for that purpose the sum of $25,000 . be appropriated; also under Article 7. VOTED: That for the purpose of meeting the appropriations voted under Articles 3 - 6 inclusive, the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow $183,000 .00, under authority of and in accordance with the provisions of Chapter 50 of the Acts of 1938 and to issue bonds or notes of the Town therefor payable in not more than fifteen years at such term and maximum rate of interest as mPy be fixed by the Emergency Finance Board® kVA M01 All moneys received by way of grant from the Federal Government on account of this project shall be applied first to meet the cost of construction thereof and any balance shall be applied to the payment of the loan herein authorized. The Selectmen are hereby authorized and directed to accept on behalf of the Town, for use in carrying out such project, a Federal grant of money, pursuant to the Public Torks Admini st ra- tion Appropriation Act of 1938; and the Selectmen are authorized to proceed with the construction of said project and to enter -into all necessary and proper contracts and agreements in respect there- to, all subject to applicable Federal regulations; and the Select- men are authorized to do all other acts and things necessary or convenient for obtaining said grant, making said loan, and con- structing said project. Selectman Archibald R. Giroux asks if the Town Meeting Members have any objections to acting upon the five Articles as one group. Town Meeting Members declared no objections. - General discussion by many speakers . Moderator Robert H. Holt states as long as the five Articles were acted upon as one group, if it would be agreeable with the Selectmen and the Town Meeting Members to vote on the group under one Article number, eliminating the numbers 3-4-5 & 6 calling the entire group as Article 7. Town Counsel, Sydney R. Wright-ington, states it would be better to consider all as Article 3, which was approved by the Selectmen and the Town Meeting Members . The following rising vote was taken: In Favor Tellers Opposed 29 William M. Blake 5 56 Lester T. Redman 17 27 Roger B. Long 7 112 29 Carried 9 :34 P.M. 437 Selectman Archibald R. Giroux states he was desirous of obtaining the sense of this meeting regarding the North Lexing- ton Sewerage questionwhich was expected to be presented to the Town Meeting Members in the near future. There were no objections registered against the sense of this meeting, as not being in favor of entertaining the North Lexington Sewerage proposition. 9:45 P.M, Selectman Archibald R. Giroux moves to take up Article 13. Randall B. Houghton moving that Article 13 be indefinitely postponed. Indefinite postponement carried unanimous 9:46 P.M. Donald E. Nickerson moves to take up Article 14, offering the following: Article 14.. VOTED: That the Lexington Zoning By-law be amended by substituting under Area Regulations, Section 6, a new Section 6 to read as follows:- Section 6. (a) In R.1 and R.2 Districts no dwelling shall be erected upon land laid' out _for house lots after the adoption of this by-law unless there be provided for each such dwelling a lot frontage of not .less than 100 feet upon the frontage street, and an area of not less than 12,500 square feet. On each side of each dwelling or other permitted main structure there shall be pro- vided a side yard of at least fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. Edward W. Kimball reads report of the Planning Board. REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 14 IN THE WARRANT FOR THE TOWN i IEETING SO BE HELD AUGUST 8, 1938 To see if the Town will vote to amend the Zoning By-Law by adopting the following amendment thereto or take any action thereon: To substitute under Area Regulations; Section 6, a new Section 6 to read as follows:- Section 6. (a) In R.1 and R.2 Districts no dwelling shall be erected upon land laid out for house lots after the adoption of this by-law unless there be provided for each such dwelling a lot frontage of not less than 100 feet upon the frontage street, a nd an area of not less than 12,500 square feet. On each side of each dwelling or other per- mitted main structure there shall be provided a side yard of at least fifteen feet in width, which shall be kept open from the front line of the main struc- ture to the rear line thereof. This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. 438 cn (b) Where a corner lot has its corner bounded by-a curved line connecting other bounding lines which if extended would intersect, the front- - age and area shall be oomputed as if such bounding lines were so extended. A public hearing was held June 13, 1938 on the proposed amendment, after notices given in accordance with the Lexington By-Law; and the Board now submits a final report with- recommendations to the Town Meeting. This amendment was proposed by the Planning Board and adopted by the town at the annual Town Meeting held Marbh 28, 1938, but was disallowed by the Attorney General, presumedly on the grounds that it differed too widely from the Article in the Warrant under which the vote was taken. Believing that this proposed ch ;e is for the best interests of the town and that it is the town's wish to adopt such provisions, the Board is presenting the amendment exactly as previously voted and recommends favorable action by the town at this time. Wm. Roger Greeley Edward W. Kimball • Eugene G. Eraetzer D. E. Nickerson Clem E. Fergison Eugene T. Buckley offers the following amendment: that the acreage be reduced from 12,500 square feet to 10,000 square feet. General discussion. Theodore E. Custance offers the following amendment: VOTED: That the subject matter contained in. Article Fourteen, be. recommitted to the Planning Board for further study and a report given at a subsequent Town Meeting. Amendment as presented by Theodore A. Custance put to a vote and declared lost - 10:02 P.M.. Amendment as presented ,by Eugene T. Buckley put to a vote and declared lost - 10:03 P.M. Motion presented by Neil McIntosh that Article 14 be indef- initely postponed. Motion for indefinite postponement declared lost 10:10 P.M. Main motion as presented voted upon as follows: 439 In Favor Tellers Opposed 23 Alan G. Adams 6 - 32 Rupert H. Stevens 27 24 Roger :3. Long 4 79 37 Carried 10:11 P.M. All Articles dispensed with, the Moderator, Robert H. Holt, declares the meeting dissolved. 10:12 P.M. A true record. Attest: (/'-) , 1,,,[...-- / At. .,•,,...,-.di i Town Teri TOWN WARRANT Commonwealth of Massaobi,setts Middlesex, ss. To either of the Constables of the Town of Lexington, in said. County: Greeting: In the name of the Commonwealth of Massachusettsyou are directed to notify the inhabitants of the Town of Lexington, - qualified to vote in elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Thursday, the 25th day of August, 1938, 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 raise and appropriate a sum of money for the purpose of acquiring land and easements and constructing a sanitary sewer, force main and pumping station for North Lexington and authorize and direct the Selectmen to accept on behalf of the town, for use in caL•rying out such project, a Federal grant of money pursuant to the Public Works Adminis- tration Appropriation Act of 1938; and authorize the Selectmen to construct said project and contract with respect thereto; and authorize the treasurer, with the approval of the Selectmen, to borrow such sums as may be necessary to meet any appropriation made and to use any other available funds that may be raised by taxation or appropriated for that purpose, or take any action relative thereto. Article 3. To see if the Town will vote to acquire by right of eminent domain or otherwise the land and easements for the pur- pose of a sanitary sewer, force main and sewage pumping station for North Lexington, approximately as follows: 1. Beginning at a man hole on the existing main outlet sewer, at a point about 935 feet easterly from the junction of Grant Street and Hayes Lane thence northerly in ands now or formerly of Thomas C. Buckley , William J. Leary, 468 ATTORNEY GENERAL'S APPROVAL ARTICLE 14 AS PASSED AT A SPECIAL TOWN DIH:Ha'ING HELD AUGUST 8, 1938 Article 14. VOTED: That the Lexington Zoning By-law be amended by substituting under Area Regulations, Section 6, a new Section 6 to read as follows:- Section 6. (a) In R.l and R.2 Districts no dwelling shall be erected upon land laid out for house lots after the adoption of this by-law unless there be provided for each such dwelling a lot frontage of not less than 100 feet upon the frontage street, and an area of not less than 12,500 square feet. On each side of each dwelling or other permitted main structure there shall be pro- vided a side yard of at least fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. Lexington, Mass. August 22, 1938 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass. , do hereby certify that the above is a true and exact copy of vote presented under Article 14. James J. Carroll Town Clerk Boston, Mass., September 14, 1938. The foregoing amendment to zoning by-law is hereby approved. Paul A. Dever Attorney General.