Loading...
HomeMy WebLinkAbout1948-03-01-TE-Warrant-and-1948-03-022-ATM-Warrant 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: FRECINCT TWO, THREE AND FOUR, CARY MEMORIAL BUILDING, on Monday, the 1st day of March, A. D. 1948, at 7 ;30 o' clock A. M., then and there to act on the following articles ; Article 1, To choose by ballot the following Town Officers ; Two Selectmen for the term of three years; One Member of the School Committee for the term of three years ; One Cemetery Commissioner for the term of three years; One Cemetery Commissioner to fill the unexpired term ending March, 1949; Two Members of the Planning Board for the term of three years; One Trustee of Public Trusts for the term of six years; One Moderator for the term of one year; One Collector of Taxes for the term of one year; One Town Clerk for the term of one year;" One Town Treasurer for the term of one year; Two Constables for the term of one year; Seventeen Town Meeting Members in each Precinct for the term of three years ; One Town Meeting Member in Precinct One to fill the unexpired term ending March, 1949; Three Town Meeting Members in Precinct Two to fill the unexpired terms ending March, 1949; One Town Meeting' Member in Precinct Three to fill the unexpired term ending March, 1949 ; One Town Meeting- Member in Precinct Four to fill the unexpired term ending March, 1949. - The polls will be open at 7 :50 A. M. and will remain open until 8;00 P.M. You are also to notify the inhabitants aforesaid to meet in' Cary Memorial Hall in said Town on Monday, the 22d day of March, 1948, at 8 :00 F. IMI., 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 see if the Town will vote- to authorize the Tot 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, 1949, 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 accordance with Section 17, Chapter 44, General Laws . -2- Article 4 . To see if the Town will make the usual appropriations for Town expenses for the ensuing year, by direct appropriation, by transfer from available funds, or by a combination of the two methods, or act in any other manner in relation thereto. Article 5. To see if the Town will authorize the School Committee to proceed with the remodelling of the Hancock school according to plans submitted by_ the School Committee and recommended by them by completing said plans and specifications and letting contracts, , and provide for the payment therefor by issue of bonds or notes of the Town, by direct appro- priation, by transfer from available funds, or act in any other manner in relation thereto. Article 6. To see if the Town will authorize the Moderator to appoint a committee to proceed with the erection of an elementary school on land acquired by the Town for school purposes on December 16, 1947; to obtain bids on behalf of the Town, and to authorize the School Committee to sign a contract for the construction of the same and provide for payment thereof by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town, or by a combination of any of these methods, or act in any other manner in relation thereto. Article 7. To see if the Town will authorize the School Committee to purchase and install oil burning equipment in the Junior-Senior High School Building and to provide for payment therefor by direct appropriation, by transfer from available funds, or act in any other manner in relation thereto. Article 8. To see- if the Town will vote to appropriate money to pay the necessary expenses of School Officers incurred outside the Commonwealth in s ecuring information upon matters in which the Town is interested or 'which may tend to improve the service in the School Department, or act in any other manner in relation thereto. Article 9. To see if the Town will vote to transfer unexpended appropriation balances in any of the Accounts to the Excess and Deficiency Account, or act in any other manner in relation thereto. Article 10. To see if the Town will vote to -authorize the Assessors ' to use money from available funds toward the reduction of the 1948 tax rate, or act in any other manner in relation thereto. Article 11. To see if the Town will vote to appropriate money to pay any unpaid bills for prior years of the various Town Departments or act in any other manner in relation thereto. Article 12. 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 other manner in relation thereto. Article 13. 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 1948, or act in any other manner in relation thereto. Article 14. To see if the Town will vote to install water mains in such accepted or unaccepted streets as the Selectmen may determine during the year 1948 in accordance with authority contained in the By-laws of the Town, subject to the assessment of betterments, and to take by eminent domain or otherwise acquire any land or easements necessary 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; or act in any other manner in relation thereto. Article 15. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets as the Selectmen may determine • during the year 1948 and in accordance with St. 1897, Ch. 504 as amended, or otherwise, and to take by eminent- domain or otherwise acquire any land or easements necessary 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; or act in any other manner in relation thereto. Article 16. To see if the Town will vote to appropriate a sum of money for the purchase of a new cruising car for the Police Department, or act in any other manner in relation thereto. Article 17. 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, as amended, or act in any other manner in relation thereto . Article 18. To see if the Town will vote to appropriate a sum of money for the purchase of a new truck chassis for the Fire Department, or act in any other manner in relation thereto. Article 19. To see if the Town will vote to appropriate a sum of money for the purchase of a new car for the Fire Department, or act in any other manner in relation thereto. Article 20. To see if the Town will vote to appropriate money for highway maintenance under the authority of Chapter 90 of the General Laws, or act in any other manner in relation thereto. Article 21. To see if the Town will vote to raise and appropriate a sum of money for the construction of Grove 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 appro- priation, by transfer from available funds, or act in any other manner in relation thereto. Article 22. To see if the Town will vote to authorize the Selectmen to construct cement or bituminous concrete sidetalks where the abutting owner pays one-half of the cost, and provide funds for said construction by direct appropriation, by transfer from available funds, or by a cotbin- ation of these two methods, or act in any other manner in relation thereto. Article 23. To see if the Town will vote to authorize the Selectmen to construct curbings, and provide funds for- said Construction by direct appropriation, by- transfer from available funds, or by a -combination of these two methods, or act in any other manner in relation thereto. Article 24. To see if the Town will vote to appropriate money for the improvement of lowlands and swamps and the eradication of mosquitoes under Chapter 252 of the General Laws- or for the eradication of mosquitoes by the Board of Health of Lexington or appropriate money under Sec. 4A of ' Chapter 252 of the General Laws for the purpose as set forth in that Section, or act in any other manner in relation thereto. Article 25, To see if the Town will- vote to enlarge the scope of the Road Machinery- Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Public Works Department when used on various projects carried on under the direction of said Department, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment, or act in any other manner in relation thereto. - 4 Article 26. To see if' the Town will vote to authorize the Board of Selectmen to appoint one of its members to the Board of Appeals, in accord- ance with G. L. Chapter 41, Section 4A, or act in any other manner in relation thereto . Article 27. To see if the Town will vote to install street lights in such unaccepted streets as the Selectmen may determine during the year 1948, or act in any other manner in relation thereto. Article 28. To see if the Town will vote to appropriate a sum of money for the purchase of equipment for the Department of Public Works and provide for payment therefor by direct appropriation, by transfer from available funds, or act in any other manner in relation thereto. Article 29. To see if the Town will vote to accept Chapter 265 of the Acts of 1947, authorizing the closing of public offices in cities and towns on Saturdays, or act in any other manner in relation thereto. Article 30. To see if the Town will vote. a supplementary appro- priation to be used in conjunction with money already a ppropriated for the construction of sanitary sewers in that part of North Lexington as shown on a set of plans in the office of the Town Engineer, and to pro- vide' for the payment therefor by direct appropriation, by transfer from available funds, by the issue of bonds or notes of the Town, or act in any other manner in relation thereto. Article 31. To see if the Town will authorize the Selectmen, under such regulations and conditions as they shall determine, to use Town equipment and furnish materials and labor for temporary repairs on unaccepted streets in the Town upon application of the abutters and upon agreement of the abutters to pay the total cost for such service, or act in any other manner in relation thereto. ' (Inserted at the request of ten or more registered voters . ) Article 32. To see if the Town will vote to establish the salary and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes, being all the elected officers' of the Town on a salary basis, as provided by Section 108 of Chapter 41, General Laws, as amended, and to provide funds necessary therefor`by direct appropriation, or act in any other manner in relation thereto. Article 33. To see if the Town will vete to ratify and approve payments or liability for the payment for 2110* removal in_ 1947, due to an extreme emergency involving the- safety of persons and property as voted unanimously by the Selectmen, under authority of General Laws, Chapter 44, Section 31, and to provide for the payhent' therefor by direct appropriation, by transfer from available funds, or act in any other manner in relation thereto. Article 34. To see if the Town will vote to appropriate a sum of . money for the settlement of damages arising out- of the taking by eminent domain for highway purposes of approximately 49,600 square feet of land belonging to James J. Murphy and Bertha J. Murphy by order of the County Commissioners, dated December 6; 1946, and tb provide for the payment thereof by direct appropriation, by a transfer from available funds, by the issue of bonds or notes of the town; and to authorize the Selectmen to enter into an agreement with the- said Murphys to set back at the expense of the town a stone wall on. said land to the remaining land of- said Murphys, if and when the land on which the said wall now rests, is re- quired for the construction of Grove Street, or act in any other manner in relation thereto, -5 - Article 35 . To see if the Town will vote to appropriate a sum of money for settlement of damages arising out of, the taking by eminent domain for highway purposes of approximately 21,450 square feet of land belonging to Ernest B. Johnson, Jr. by order of the County Commissioners, dated December 6, 1946, and to provide for the payment thereof by direct appropriation, by transfer from available funds , or by the issue of bonds or notes of- the Town; or act in any other manner in relation thereto. Article 36. Tp see if the Town will vote to appropriate a sum of money for settlement of damages arising cut of the taking by eminent domain for highway purposes of approximately 7300 square feet of land belonging to Owen Ni. McDevitt, et al. , by order of the County Commissioners, dated December 6, 1946, and to provide for the payment thereof by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, or act in any other manner in relation thereto. Article 37 . To see if the Town will vote to appropriate a sum of money for settlement of damages arising out of the taking by eminent domain for highway purposes of approximately 12,500 square feet of land belonging to George W. Sarano and Helen B . Sarano by order of the County Commissioners, dated May 14, 1946, and to provide for the payment thereof by direct appropriation, by transfer from available funds , cr by the issue of bonds or notes of the Town, or act in any other manner in relation thereto. Article 38. To see if the Town will vote to appropriate a sum of money for settlement of damages arising out of the taking by eminent domain for highway purposes of approximately 8500 square feet of land belonging to Thomas A. Napoli by order of the County Commissioners dated May 14, 1946, and to provide for the payment thereof by direct appropriation, by transfer from available funds , or by the issue of bonds or notes of the Town, or act in any other manner in relation thereto. Article 39. To see if the Town will vote to appropriate a sun of money for settlement of damages arising out of the taking by eminent domain for highway purposes of approximately 8700 square feet of land belonging to Marie A. Miller by order of the County Commissioners, dated May 14, 1946, and to provide for the payment thereof by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, or act in any other manner in relation thereto. Article 40 . To see if the Town will vote to raise and appropriate money for the construction of sanitary sewers in that part of Lexington known as North Branch Vine Brook, as shown on a set of plans in the office of the Town Engineer; to authorize the Board of Selectmen to take by eminent domain or otherwise acquire any easement or other interest in land necessary therefor; and to authorize the Town Treasurer with the approval of the Selectmen to borrow such sums as may be necessary therefor, and to issue bonds or notesof the Town in accordance with the law, and to use any other available funds that may be raised by taxation or appropriated for that purpose, or act in any other manner in relation thereto, Article 41 . To see if the Torn will vote to raise and appropriate money for the construction of saiitary sewers in that part of Lexington known as South Branch Vine Brook, as shown on a set of plans in the office of the Town Engineer; to authorize the Board of Selectmen to take by eminent domain or otherwise acquire any easement or other interest in land necessary therefor; and to authorize the Treasurer with the approval of the Selectmen to borrow such sums as may he necessary therefor, and to issue bonds or notes of the Town in accordance with the law, and to use any other available funds that may be raised by taxation or appropriated for that purpose, or act in any other manner in relation thereto. - 6 - Article 42. To see if the Town will vote to raise and appropriate money for the construction of sanitary sewers in that part of Lexington from Mill Brook to Rindge Avenue, as shown on a set of plans in the office of the Town Engineer; to authorize the Board of Selectmen to take by eminent domain or otherwise acquire any easement or other interest in land .necessary therefor; and to authorize the Treasurer with the approval of the Selectmen to. borrow such sums as may be necessary therefor, and to issue bonds or notes of the Town in accordance with the law, and tc use any other available funds that may be raised by taxation or appropriated for that Purpose, or act in any other manner in relation thereto. Article 43. To see if the Town will vote to authorize- the Board of Selectmen to enter into an agreement for the acquisition, installation, and maintenance of- parking Meters in locations to be determined by the Board of Selectmen, and to prbvide for the uayment thereof by direct appropriation, by a transfer from available funds, or act in any other manner in relation thereto. Article 44. To see if the Town will vote to accept the relocation by the Board of Selectmen, of Massachusetts Avenue from Edison Way to the Police Station Driveway as shown on a Plan dated February 4, 1948, on file in the offibe of the Town Clerk and to provide payment for the construction of said street if relocated by direct appropriation, by transfer from available funds or by the issue of bonds or notes of the town, or act in any other manner in relation thereto . Article 45. To see if the' Townwill vote to appropriate a sum of money for the widening of the southeasterly side of Waltham Street from Massachusetts Avenue to Vine Brook Road as shown on a plan of Waltham Street, Lexington, Massachusetts, dated July 1925, by Clarence B. French, Town Engineer, ` and in compliance with the order of the County Commissioners, dated August 3, 1925, and to provide for the payment thereof by direct appropriation, by a transfer from available funds or by the 'issue of bonds or notes of the Town, or act in any other manner in relation thereto. Article 46. Tb see if the Town will vote to authorize the Board of Selectmen to sell and convey to Boston Edison Company a perpetual ease- ment for the purpose of erecting, constructing, repairing, operating and inspecting transmission lines for the t ransmibsion of high and low voltage electric current and necessary- lines for ground wire' attachments and telephone and signal purposes over, across and upon a strip of land 250 feet in width lying -beneath the surface of Butterfield' s Pond under the provisions of Chapter 263 of the Legislative Acts of 1926, or act in any other manner in relation thereto . Article 47. ' To see if the Town will vote to adopt a' resolution_ affording the people of Lexington an opportunity to express to their representatives in Congress, in the Executive Department of the United States, and in the United Natibns, their deep feelings regarding war and peace, and requesting such representatives tp take such steps as may be necessary to make the United- Nations into a world government capable of enacting, interpreting, and enforcing world law to prevent *ar. ( Inserted at the request of ten or more registered voters . ) L> -7- Article 48. To see if the Town will vote to amend Section 39 of Article XXIV of the General By-Laws of the Town of Lexington by adding thereto the following section to be known as Section 39A: "No person shall without a written permit from the Board of Selectmen or the Chief of Police and a written permit from the owner or occupant of land fire or discharge any rifle, air-rifle or pistol on or across any land within the confines of the Town, but this section shall not prevent the use of such firearms in the lawful defense and protection of onets person or other human being or property, nor to veterinarians in the practice of their profession, nor in the performande of any duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice upon ranges first duly approved by the Chief of Police. Any person desiring to discharge said firearms or air-rifles must first obtain a written permit specifying the locus from the owner or occupant of the land upon and across which one desires to discharge said firearms or air-rifles, said permit shall then be presented to the Board of Selectmen or to the Chief of Police and if the discharge of the above firearms or air-rifles upon and across the locus specified does not disturb the safety of persons or property of others, the Board of . Selectmen or the Chief of Police shall issue a written permit to allow such discharge and impose such safety conditions or precautions as they deem necessary. " Or act in any other manner in relation thereto, (Inserted at the request of ten or more registered voters. ) Article 49. To see if the Town will vote to authorize the Selectmen to enter into a contract for the re-assessment of the valuation:, of all real property in the Town and to provide for the payment therefor by direct appropriation, by transfer from available funds, or act in any other manner in relation thereto. Article 50. To see if the Town will authorize the Board of Selectmen to publish comparative values of real estate in the Town and to provide for the payment therefor by direct appropriation, by transfer from available funds, or act in any other manner in relation thereto. Article 51. To see if the Town will authorize and direct the Board of Selectmen to petition the Legislature for authority to expend a sum of money for necessary alterations on Buckman Tavern, or act in any other manner in relation thereto. Article 52. To see if the Town will vote to establish a Planning Board under General Laws, Chapter 41, Section 81A as enacted by Section 4 of Chapter 340 of the Legislative Acts of 1947, or act in any other • manner in relation thereto. Article 53. To see if the Town will vote to provide that the members of the Planning Board now in office shall serve as members of the Planning Board established by vote under Article 52 until the next Annual Town Meeting, or act in any other manner in relation thereto. p"' - 8 it Article 54. To see if the Town will vote to appropriate a sum of money to be expended by the Planning Board established under Section 81A of Chapter 41 of the General Laws for carrying out Sections 73 to 81Y inclusive of said Chapter 41 and to provide for the payment thereof . by direct appropriation, by transfer from available funds, or act in any other manner in relation thereto. Article 55. • To see if the Town will vote to amend the Lexington Zoning By-law by striking out the second and third paragraphs of Section 6 (a) thereof and inserting in place thereof substantially the following : Lots lawfully platted and duly recorded by plan or deed prior to the date of adoption of this amendment, vacant or improved, and of less width or area than the minimum required by the zoning by-law are hereby regulated as to change of use as follows : after adoption of this amend- ment, any such lots adjoining one another in a common ownership may be built upon only if combined into units of ownership which fulfill the lot width, front yard and side yard requirements of the zoning by-law, but not necessarily the lot area requirements thereof, provided that this shall not prevent building- on any isolated single small vacant lot, duly recorded as aforesaid, not adjoined by other land of the same owner, and further provided that on any such lot there shall be established between each side lot line and the nearest side Of any permitted main or accessory structure a side, -yard at least 7.5 feet wide if said lot was recorded prior to July 19, 1929, at least 10 feet wide if said- lot was recorded on or after July 19, 1929, but not before October 6, 1938, and at - least 15 feet wide if said lot was recorded on or after October 6, 1938. Article 56-0 To see if the Town will vote to amend the Lexington Zoning By-law by appending to the first sentence of Section 13 thereof the following words : "also the names of the owner of the lot in question and the names of the owners of the lots adjacent thereto ." Article 57. To see if the Town will vote to amend Section 7 (a) of the Lexington Zoning By-law by Striking out the word "twenty" and substitute therefor the word "thirty", and by striking out the word . "forty" and substitute therefor the word "fifty", and by inserting before the last clause thereof the words : "except that on a vacant lot between buildings already existing a structure may be placed as near the street lot line as the average of the setbacks of the buildings existing in the lots adjacent on either side of the lot in question; and. . . . "so that Section 7 (a) shall then read : In residence districts designated as R.l and R.2 and T.l and in C .1 districts designated at the following points, namely, junction of Waltham Street and Marrett Road, known as"Grape Vine Corner"; junction of Marrett Road and Spring Street; junction of Lincoln and School Streets and Marrett Road, commonly known as "The Five Forks"; junction of Waltham Street and Concord Avenue; junction of Woburn and Lowell Streets and the junction ' of Lowell and North Streets, and in C.1 Districts hereafter created, a yard of at least thirty feet in depth between the exterior line of the street, and not less than fifty feet from the center line of such street, whether accepted or not, and the adjacent' line Of any porch or building, shall be provided for every lot of land, and no new building -or structure shall be constructed, and no building or structure shall be moved, altered, re- constructed, enlarged or rebuilt in such districts so that a yard less in depth shall result; except that on a vacant lot between buildings already existing a structure may be placed as near the street lot line as the average of the setbacks of the buildings existing in the lots adjacent on either side of the lot in question; and except that this ' section shall not apply to buildings fronting on streets on which building lines shall have been specially established according to law during or subsequent to the year 1924." • - 9 - J., Article 58. To see if the Town will vote to appropriate an additional sum to be used in conjunction with money already appro- priated for construction of streets established as- town ways by vote of the Town on March 31, 1947, and on September 22, 1947, and to pro- vide for the payment therefor by transfer from available funds or by the issue of bonds or notes of the Town, or act in any other manner in relation thereto® Article 59. To see if the Town will vote to amend the General By-laws of the Town of Lexington by adding to Article XVI the follow- ing : "Section 4. No person shall lay, throw, or place, or cause to be laid, thrown, or placed,' any ice or snow -on that portion of- any street within the town which has been cleared or plowed for travel." 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 doin0 thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington, this ninth day of February, A. D. , 1948. ,icseY Cil l f Selectmen • ; + ,,n 2i AM t1'/t of ? l'✓/r5rn / rLexington r1" • CONSTABLE?S RETURN To the Town Clerk February (7 , 1948 I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Town Office Building and seven other public places in the Town, and by mailing,a printed copy of the same to every registered voter in the Town days before the time of said meeting. Attest: 444 nstable o L 'xin• 'on