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 .
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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.
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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,
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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.
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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>
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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"'
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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."
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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