Loading...
HomeMy WebLinkAbout1938-11-10-STM-MINUTES 463 SPECIAL TOWN MhETING HELD NOVEMBER 10, 1938 Meeting called to order by the Moderator, Robert H. Holt, at 8:15 P.M. There were 102 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meet- ing until upon motion of Selectman William G. Potter; further reading was waived. The Town Clerk read the officerts return for the meeting. Robert C. Merriam, Chairman of the Appropriation Committee, moved to take up Article 1, presenting the Appropriation Com- mittee' s report on the articles for the meeting, and moving that same be accepted and placed on file. Carried Unanimous 8:16 P.M. Robert C. Merriam, Chairman of the Appropriation Committee, states account shortness of time allowed for the printing of the report, he would ask permission to read only the recommendations in the report, as offered by the Appropriation Committee. Under Article 1 Selectman. Archibald R. Giroux offers the following vote. Article 1. VOTED: That the Moderator be instructed to appoint a Committee of five citizens to study the requirements of the Fire Department as to general locations and improved housing. Said Committee to report to the Town at a subsequent Town Meeting. Carried Unanimous 8:24 P.M. Sydney R. Wrightington, Town Counsel, moves to take up Article 2, offering the following: Article 2. VOTED: That the action of the Selectmen in executing an agreement with the Town of Arlington for reciprocal use of sewers near the boundary line between the two towns dated November 8, 1938, a copy of which was read to this meeting, be ratified and adopted and that the Selectmen be authorized to deliver the same on receipt of a duplicate thereof executed by the duly authorized officers of the Town of Arlington. Mr. Wrightington stated that when the deed was drawn up there would be a special agreement contained therein, which is as follows, and which was presented by the Town Counsel. AN AGREEMENT made this 8th day of November 1938 between the Town of Arlington, a municipal corporation in Middlesex County, of the one part, and the Town of Lexington, a municipal corporation in Middlesex County, of the other part, WHEREAS both Arlington and Lexington are included in the Metropolitan Sewer District and sewage from Lexington now flows through a trunk line or trunk lines in Lexington into similar lines in Arlington; and WHEREAS in certain sections of the two towns adjacent to the line between them it will be more economical to discharge se,'age from sewers directly into the street mains of the other town instead of directly to the trunk line of each town respec- tively, and it is the purpose of this agreement to provide a reciprocal arrangement for that purpose; and WHEREAS when used herein the word "sewer' refers to sanitary sewers and not to drains for surface water; NOW, THEREFORE, in consideration of the premises and of the mutual agreements herein contained it is hereby mutually agreed as follows: 464 1. The Town of Lexington may connect a sewer is Lowell Street, Lexington, to the Arlington sewer in Lowell Street at ' or near the Arlington-Lexington line and through that Lowell Street sewer in Lexington discharge the sewage from an area in Lexington which may become tributary to a sewer in Lowell Street extending from the Arlington line to a pointat the junction of Lowell and Summer Streets, said discharge of sewage not to exceed a maximum rate of 300,000 gallons per day._' 2. Whenever the Town of Lexington shall build a sewer in Crescent Hill Avenue, Lexington, extending to or near the Arlington line, the Town of Arlington may connect with it sewers in Arlington within the area shown on the plan hereto annexed marked "Att , and discharge through it sewage froft the said area. 3. Whenever the Town of Lexington shall build a sewer in Daniel Street, Lexington, extending to or near the Arlington line, the Town of Arlington may connect with it sewers in Arlington within the area shown on the plan hereto annexed marked IIBtt , and discharge through it sewage from the said area. 4. Neither town shall be obligated to pay any part of the cost of construction or maintenance of sewers In the other town except such parts of sewers across the town line as it may choose to construct at connecting points. Any construction by one town in the other shall be in a manner satisfactory to the superintendent of the sewer department of the other and there- after the surface of the ground excavated shall be restored by the town maTing the excavation to the condition in which it was before such excavation. No charge shall be made by either town to the other for facilities hereby accorded. IN WITNESS WEEREOF the parties hereto have caused this instrument and a duplicate original thereof to be signed in their names and on their behalf and their respective corporate seals to be affixed by their respective officers thereunto duly authorized. TOWN OF ARLINGTON By TOWN OF LEXIN CT ON By The Moderator states, in his opinion it would be better to offer said agreement as an amendment to the original vote as presented, which was consented to by the Town Counsel, Sydney R. Wrightington. Said vote with amendment was carried unanimously at 8:28 F. I. 465 Selectman Archibald R. Giroux moves to take up Article 3, offering the following: Article 3. VOTED: That the Town accept the layout of as a town way the rounded corner of Charles Street at Taft Avenue, as laid out by the Selectmen, and shown upon a certain plan on file in the office of the Town Clerk, dated September 15, 1938. Carried Unanimous 8:29 P.M. Selectman Archibald R. Giroux moves to take up Article 4, offering the following: • Article 4. VOTED: That the Town accept from the Rotary Club of Lexington the gift of two direction sign boards, one located on the Lexington Common and one on the Buckman Tavern Grounds. Carried Unanimous 8:30 P.M. Selectman Archibald R. Giroux moves to take up Article 5, offering the following: Article 5. VOTED: That the sum of $23,000.00 be raised and appropriated for the purpose of repairing damage to public property and public ways caused by the recent storm, and that said amount be borrowed in accordance with the provisions of Clause 9, Section 8, Chapter 44, General Laws. Carried Unanimous 8:31 P.M. Selectman Archibald R. Giroux moves to take up Article 6, offering the following: Article 6. VO'1'. ): That so much of the action taken under Articles 2, 4, and 5 of the warrant for a special town meeting held April 25, 1938, be rescinded as relates to the borrowing of the sums of $15,000., $15,000. , and $5,000. respectively for the construction of sewers as follows: a trunk line sewer from a point near the Arlington-Lexington line to Rindge Avenue, and sewers in Bow Street, Rindge, Melrose, Rawson, Albemarle and Winn Avenues. Carried Unanimous 8:32 P.M. Town Counsel, Sydney R. Wrigatington, moves to take up Article 7, offering the following: Article 7. . VOTED: That the Town ratify the action of the Selectmen in makingan agreement with Colonial Garage, Inc., con- ditioned upon the approval of the town meeting, for the settlement of the petition for assessment of damages for a taking by eminent domain brought by Colonial Garage, Inc. against the Town No. 108635 in the Superior Court for the County of Middlesex, and approve the said agreement, and that pursuant to the said agreement the Town pay to the plaintiff in the said action in final settle- ment. thereof the sum of $2,650. plus interest at the rate of 4% per annum from January 18, 1937,, plus $31.50 costs of court, and that for that purpose the sum of $2945.00 be raised and appropri- ated, and that to meet aald appropriation the sum of $1645.00 be transferred from the Sewer Construction, Bow Street Account, and $1300.00 from the Sewer Constriction, Aindge, Melrose, Rawson, Albemarle and Wires. Avenues Account. Carried Unanimous 8:35 P.M. Selectman Archibald R. Giro moves to take up Article 8, offering the following: Article 8. VOTED: That the Sum of 855.00 be raised and appropriated and paid to Harry B. and Ethel Osgood for an award by the Commonwealth of Massachusetts in settlement of all land and grade damages on account of the construction of Bedford Street in 1926, and to meet said appropriation the sum of $55.00 be trans- ferred from the Sewer Construction, Bow Street Account. 466 Selectman Archibald R. Giroux read a letter from the State Department of Public Works of Massachusetts, concerning the Town cf Lexington in original agreement to be responsible for damages, which indicated that the above bill should be paid. Carried Unanimous 8:37 F.M. Selectman Archibald R. Giroux moves to take up Article 10, offering the following, which was voted upon as of three parts. Article 10. VOTE?: That the following amounts be raised and appropriated: The sum of $180.00 for Park Department - Wages and Expenses Account, and to meet said appropriation the sum of $180.00 be transferred from the Park Department Fence, East Lexington - Ac count; Carried Unanimous 8:39 P.M. The sum of $850.00 for the Road Machinery Account, and to meet said appropriation the sum of $850.00 be transferred from the Road Machinery Fund; Carried Unanimous 8:40 P.M. The sum of $825.00 for the Highway Construction, Charles Street Account, and to meet said appropriation the sum of $825.00 be transferred from the Police Pensions Account: Carried Unanimous 8:41 P.M. Under Article 10, Randall B. Houghton, Chairman of the School Committee, offered the following: . VOTED, That the sum of $1,400.00 be raised and appropriated for School Maintenance, Expenses and to meet said appro- priation that the sum of $1,400.00 be transferred. from School Maintenance, Personal Services Account. Carried Unanimous 8:42 P.M. Selectman Archibald R. Giroux moves to take up Article 9. At this time of the meeting the Moderator, Robert H. Holt, asked permission to be excused as the Moderator, stating his reasons why he did not care to serve while this article was in progress, whereby he appointed Frederic L. Fischer as Moderator Pro-Tem. Selectman Archibald R. Giroux offered the following: Article 9. VOTED: That the Town accept-the gift of its citizen, Josiah Willard Hayden, of the property on Lincoln Street known as the Aldrich Estate, more particularly described in the deed to Lexington Trust Company dated October 21, 1938 recorded with Middlesex South District Deeds, Book 6242, page 1, to be used as a public playground and recreational center and for the promotion of winter sports. Further VOTED: That upon conveyance of the title to the Town, the said premises shall be added to and ariministered as a part of the Center Playground. Town Counsel, Sydney R. Wrightington, states, when the deed would be completed it would contain a certain agreement, which he read as follows: Said premises are conveyed subject to all unpaid taxes, tax titles, and municipal assessments if any there be, for the purposes of a public playground, and recreation center, and during the winter season for coasting, skating, skiing, and winter sports generally, to be added to and to become a part of the tenter Play- ground in said.Lexington on condition that the said premises shall always be used for a public playground and recreation center and failing to be so used, said premises shall revert to the grantor 467 and his heirs provided, however, that with the written consent of the donor, or if he be not living, then with the written consent of the Josiah Willard Hayden Recreation Centre, a chari- table corporation organized and existing under the laws of the Commonwealth of Massachusetts, portions of said playground may be devoted to structures to be used by the youth of Lexington for educational purposes apart from strictly playground_usage if such structures and the necessary area about them will not, in the opinion either of the donor or of said Recreation Centre, seriously encroach upon the area reasonably required for the realization of the purposes of this grant that it be devoted primarily to recreational playgronnd activities. Eugene T. Buckley asks what the present outstanding figures are at this time, also if this vote wasassed t p , if the ou�s tand- ing taxes could be abated. The outstanding amount was answered by Selectman Archibald R. Giroux, and the Town Counsel stated he had already been in conference with Henry F. Long, Commissioner of Taxation, whereby he was informed that any necessary adjustments concerning the taxes could be made. The vote as presented with agreement was carried unanimous at 8:56 P.M. Further VOTED: That the Town hereby expresses its appreci- ation of the generosity and interest in the public welfare which prompted its citizen, Josiah Willard Hayden, to make possible this important addition to its facilities for the training and recreation of its future citizens. - Carried Unanimous 8:57 P.M. All articles being disposed with, the Moderator, Robert H. Holt, declared the meeting be dissolved. 8:58 P.M. A true record. Attest: Town. ,C = k 469 REPRESENTATIVE ELECTION November 15, 1938 Pursuant to the Law, the Town Clerk of Arlington and the Town Clerk of Lexington met at Arlington this day at twelve o' clock noon, for the purpose of canvassing the votes on the eighth day of November for the two representatives to the General Court of the Commonwealth to represent the 28th Middlesex District. The canvassing showed the result of the votes cast in Arlington and Lexington. In Arlington, Nelson B. Crosby had ten thousand two hundred nineteen ( 10,219) votes. In Lexington, Nelson B. Crosby had three thousand four hundred fifty ( 3,450) votes. In Arlington, Joseph J. Delaney had six thousand twenty (6,020) votes. In Lexington, Joseph J. Delaney had one thousand one hundred eighty-five ( 1,185) votes. In Arlington, Hollis M. Gott had nine thousand six hundred sixty-six (9,666) votes. In Lexington, Hollis M. Gott had two thousand nine hundred ninety-eight (2,998) votes . In Arlington, Albert D. Leary had five thousand seven hundred seventy-five (5,775) votes. In Lexington, Albert D. Leary had one thousand one hundred thirty ( 1,130) votes. The return showed that Nelson B. Crosby and Hollis M. Gott had a majority of the votes cast in both Towns, and a certificate was accordingly filled out and signed by the ClerTs of both Towns to be delivered to Nelson B. Crosby of 10 Davis Avenue, Arlington and Hollis M. Gott of 90 Churchill Avenue, Arlington. Earl- A. Ryder, Town Clerk of Arlington James J. Carroll, Town Clerk of Lexington. February 7, 1939 James J. Carroll - Town_ Clerk Lexington, Mass . Dear Sir: Raving removed from the Town of Lexington I hereby, tender you my resignation as a Town fleeting I1lember of Precinct One, Town of Lexington, as of this date. Paul R. Hederstedt