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HomeMy WebLinkAbout1953-03-02-TE-Warrant-and-1953-03-16-ATM-Warrant TONIN 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: PRECINCT TWO, THREE AND FOUR, CARY MEMORIAL BUILDING on Monday, the 2nd day of March, A. D. , 1953, 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; Two members of the School Committee for the term of three years; One Cemetery Commissioner for the term of three years; One member of the Planning Board for the term of five 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, 1955; One Town Meeting Member in Precinct One to fill the unexpired term ending March, 1954; One Town Meeting Member in Precinct Three to fill the unexpired term ending March, 1955; One Town Meeting Member in Precinct Three to fill the unexpired term ending March, 1954• The polls will be open at 7:30 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 sixteenth day of March, 1953, at 8:00 P. M. , 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 refer endum 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 authorize the Town 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, 195i, 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 of Chapter 44 of the General Laws. iI ""9'" Article ?- Article h. To see if the Town will make appropriations for ex- penditures by departments, officers, boards and committees of the Town for the ensuing year and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including any special funds, or by any combination of these methods, or act in any other manner in relation thereto. Article 5. To see if the Town will 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 of the General Laws, and raise and appropriate the funds necessary therefor, or act in any other manner in relation thereto. Article 6. To see if the Town will transfer unexpended appropriation balances in any of the accounts to the Excess and DeficiencyAccount, or to other accounts suitable for such transfer under Chapter 44 of the General Laws, or act in any other manner in relation thereto. Article 7. To see if the Town will raise and appropriate money to pay any unpaid obligations of the Town for prior years, or act in any other manner in relation thereto. Article 8. To see if the Town will raise and appropriate a sum ;f of money for the Reserve Fund as provided by Section 6 of Chapter 40 of the General Laws, or act in any other manner in relation thereto, Article 9. To see if the Town will authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1953, or act in any other manner in relation thereto. Article 10. To see if the Town will vote to install new or replacement water mains in such accepted or unaccepted streets or other land as the Selectmen may determine in accordance with authority contained in the By-laws of the Town, subject to theassessment of betterments or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and de- termine whether the money shall be provided by the current tax levy, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 11. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine in accordance with Chapter 504 of the Acts of 1897, as amended, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the current tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (2 y A :Fi.J -3e Article 12'. To see if the Town will make supplementary appro- priations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers, drains or streets that have heretofore been authorized, and determine whether the money shall be provided by the current tax levy, by transfer from available funds or by borrowings or by any combination of these methods; or act in any other manner in relation thereto. Article 13. To see if the Town will raise and appropriate a sum of money for the purchase of one new cruising car for the Police De- partment, or act in any other manner• in relation thereto. Article 14To see if the Town will raise and appropriate a sum of money for the purchase of one new car for the Fire Department, or act in any other manner in relation thereto. Article 15. To see if the Town will raise and appropriate funds for the payment of pensions to retired members of the Police and Fire Departments under Chapter 32 of the General Laws, or act in any other manner in relation thereto, Article 16. To see if the Town will appropriate a sum of money for highway maintenance under the authority of Chapter 90 of the General Laws, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. Article 17. To see if the Town will appropriate a sum of money for highway construction under the authority of Chapter 90 of the General Laws, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. Article 18. To see if the Town will appropriate a sum or sums of money for Civilian Defense, and determine whether the money shall be provided by the current tax levy, by transfer from available funds or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 19, To see if the Town will authorize the Selectmen to construct concrete, bituminous concrete or other sidewalks where the abutting owner pays one-half of the cost or otherwise; appropriate a sum of money for such construction, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. Article 20 To see if the Town will authorize the Selectmen to install curbings at such locations as they may determine; appropriate a sum of money for such installation, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. Article 21. To see if the Town will raise and 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 act in any other manner in relation thereto. Article 22. To see if the Town will vote to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the current tax levy, by transfer from available funds or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 23. To see if the Town will appropriate a sum of money for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including the Road Machinery Fund, or by any combination of these methods; or act in any other manner in relation thereto. Article 2L1. To see if the Town will appropriate a sum of money for the purchase by or with the approval of the Selectmen of a truck and a sprayer for use in insect suppression and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including the Road Machinery Fund, or by any combination of these methods; 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 ori under the direction of said Department or other Town Departments, the amount of said credit not to exceed the amount allowed by the State for the use of similar equipment, or act in any other manner in relation thereto. Article 26. To see if the Town will authorize the Board of Selectmen to appoint one of its members to the Board of Appeals, in accordance with Section 1}A of Chapter L11 of the General Laws, 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 ad the Selectmen may determine prior to the final adjournment of the 1954 Annual Town Meeting, or act in any other. manner in relation thereto. Article 28. To see if the Town will vote to accept Chapter 781 of the Acts of 1951 which provides for an increase in the amounts of pensions and retirement allowances payable to certain former town employees. -5- Article 29,0 To see if the Town will appropriate a sum of money for road and fence construction and repair in the Sunset Section layout inWestviewCemetery and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including the Westview Sale of Lots Fund, or by any combination of these methods, or act in any other manner in relation thereto. Article 30. To see if the Town will authorize the Selectmen to construct a baseball field for Little League Baseball, appropriate money therefor and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. Article 31. To see if the Town will authorize the Selectmen on behalf of the Town to acquire by purchase or by eminent domain or other- wise, a parcel or parcels of land on or near Grassland Street, Lexington, for playground purposes; appropriate money therefor and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. Article 32. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Bartlett Avenue from Lowell Street, a distance of approximately 971 feet westerly as laid out by the Selectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 12, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for the construction of said road and for land acquisition, and determine whether the money shall be provided by the current tax levy, by transfer from available funds or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 33. To see if the Town will vote to establish as a Town way, and accept the layout of as a town way, Gleason Road, from North Hancock Street 'northerly approximately 760 feet to Fuller Road as laid out by the Selectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 12, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for the construction of said road and for land acquisition, and determine whether the money shall be provided by the current tax levy, by transfer from available funds or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 314. To see if the Town will vote to establish as a town way, and accept the layout of as a town way a certain strip of land in- cluding Edison Way and extending from Edison Way to Depot Park, a total of approximately 840 feet, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1951, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for the acquisition of said land and for the construction of said way and determine whether the money shall be provided by the current tax levy, by transfer from available funds or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 35. To see if the Town will authorize the Selectmen on , behalf of the Town to acquire by purchase or by eminent domain or otherwise or by lease, land or interests therein in the rear of the premises numbered 1709 to 1794 Massachusetts Avenue, Lexington, or any part thereof, for the purpose of establishing an off-street parking area, appropriate a sum of money for such land acquisition and lease and for construction and operation of the parking area and facilities , and determine whether the money shall be provided by the current tax levy, by transfer from available funds , including the Parking Meter Account, or by borrowing, or by any combination of these methods ; or act in any other manner in relation thereto. Article 36. To see if the Town will rescind the authority to borrow the sum of y$40, 000 for the installation of water mains of sixteen inches or more in diameter that was voted under Article 10 of the Warrant for the Annual Town Meeting held on March 17, 1952, no part of said sum having been borrowed, or act in any other manner in relation thereto. Article 37. To see if the Town will vote to authorize the Board of Selectmen, however from time to time constituted, to sell and convey any of the real estate now or hereafter acquired by the Town by taking or sale for non-payment of taxes, the right of redemption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as they may approve, or act in any other manner in relation thereto. Article 38. To see if the Town will authorize the Selectmen to sell and convey the land on Meriam Street known as the Old Fire Station Site, upon such terms and conditions as they deem properp or act in any other manner in relation thereto; said land being described as follows : Beginning at a stone bound on the southeasterly side line of Meriam Street at the property now or formerly of Henry P. Boutelle, thence running northeasterly along Meriam Street a distance of 42.90 feet to a stone bound. Thence turning at an angle of 900 001. and running southeasterly by land now orformerly of Henry P. Boutelle a distance of 79.56 feet to a stone bound. Thence turning at an angle of 900 201 30" and running southwesterly by land now or formerly of Henry P. Boutelle a distance of 42.68 feet to a point. Thence turning at an angle of 890 491 30" and running northwesterly by land now or formerly of Henry P. Boutelle a distance of 79.73 feet to the point of beginning and containing 3,1107 plus or minus square feet. Article 39. To see if the Town will vote to amend Section 6 of Article V1 of the General By-Laws by striking out the words "and shall be kept open one evening each week for at least two consecutive hours, the day and time for such evening hours to be determined by the Board of Select- men" and' inserting in place thereof the following: - "and may be kept open during such evening hours as the Selectmen may from time to time determine" , so that said section will read as follows: Section 6. That portion of the Town Office Building Welch is occupied by the offices of the Board of Selectmen, or Board of Public \Works, the Town Clerk, the Town Treasurer, and the Collector of Taxes, shall be kept open continuously for the transaction of business for eight hours each week day except holidays and Saturdays, the particular hours to be arranged by the Selectmen for the convenience of the public, and may be kept open during such evening hours as the Selectmen may from time to time ct-termine. -7- Article 40, To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an R 1 District to a C 1 District by adding in Section 4 . (c) C 1 - Local business districts, the following new paragraph: A district on the southeasterly side of Waltham Street beginning at the point of intersection of the southerly sideline of Vine Brook Road and the easterly sideline of Waltham Street, thence running southerly along said easterly sideline of Waltham Street a distance of 471 feet plus or minus to a point; said point being the intersection of thetue easterly sideline of Waltham Street and the northerly sideline of/Vine Brook easement, so called; thence turning and running easterly along said northerly sideline of the Vine Brook easement a distance of 247..53 feet to a point; thence turning and running northeasterly along land now or formerly of Ryder 183 feet plus or minus to a point; thence turning and running westerly along land now or formerly of J. Joseph and Anne T. Hurley, 14 feet plus or minus to a point; thence turningand running northeasterly along land now or formerly of J. Joseph and Anne T. Hurley, 75 feet plus or minus to a point; thence turning and running in a northwesterly direction along land now or formerly of Morse, 174 feet plus or minus to a point; thence turning and running northeasterly along land now or formerly of Morse, 58 feet to Vine Brook Road; thence turning and running westerly along the southerly sideline of Vine Brook Road a distance of 92 feet plus or minus to the point of beginning. Article 41, To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an R 1 District to a C 1 District by adding in Section 4 . (c ) 0 1 - Local business districts, the following new paragraph: A district on the southwesterly side of Bedford Street, said district being the lot of premises now numbered 30 Bedford Street , having a frontage along Bedford Street of 75 feet and a depth of approximately 160 feet. Article 42. To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an R 1 District to a C 1 District by adding in Section 4 . (c) C 1 - Local business districts, the following new paragraph A district on the northerly side of Marrett Road beginning at the westerly terminus of a curve of 215.47 feet radius thence westerly along the northerly line of said Marrett Road distant 69.5 feet to a point, thence northerly distant 200.9 feet to a point, thence easterly distant 60.00 feet to a point, thence southerly distant 214.9 feet to a point in the northerly line of said Marrett Road, thence westerly by a curve bearing to the right of radius 215.47 feet distant 137.34 feet to the point of beginning, said described district being shown as Lot 240 on a plan recorded in the Middlesex South District Registry of Deeds in Book 321, Page 56 1 Article � 43 To see if the Town will vote to amend the Zoning By-Law so as to change certain land from. an_ R 1,Distrlct to auLM.,l District by;addingCin )� Section , ' (f1 M 1. - ' L ght` manufacturing districts the ,following. new paragr,'apha A distriet'b.aund'ed -on =the north by M'ae'sachusetts Avenue and Marrett Strande2,00 _fe,ethnor:t,herl'y ofuth'e' no8therl'yhs'ide,l'th :,by a. l, neparallel y # on between Route ine .of .Lincoln Street #128. and' M' ll 'Street and by ,Dinceln ,,Street between Mill Street; and the Lexington=Lincoln town 'l'ine, ' and on the west by the Lexington=Linaoin town line-® Article 1414. To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an R 1 District to an M 1 District by adding in Section 4. (f) M 1 - Light manufacturing Districts, the following new .paragraph: A district bounded on the southwest by Wood Street and a line extending from said Wood Street to Route #128, said line being the prolongation of the northeasterly line of Lot 6 and •Lot 7 which are at the northeasterly end of Bates Road- on the southeast by Route #128, on the northeast by a line parallel to and 22400 feet southwesterly of the southwesterly side of the railroad right of way, and on the northwest by the Lexington- Bedford town line. Article 45. To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an R 1 District to an M 1 District by adding in Section 4. (f) M 1 - Liglt manufacturing districts, the following new paragraph: A district bounded on the southwest by a line parallel to and 1200 feet northeasterly of the notheasterly side of the railroad right of way, on the southeast by Route #128, on the northeast by a line parallel to and 200 feet southwesterly of the southwesterly sideline of Bedford Street, and on the northwest by the southeasterly sideline of Westview Street. Article )}6. To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an R 1 District to a C 1 District by adding in Section 4. ( c) C 1 ® Local business districts, the following new paragraph: 214. A district beginning at a point which is the northeasterly bounday of the 01 district on the southerly side of Concord Avenue, thence running in a southeasterly direction along Concord Avenue 100 feet, thence turning and running in a southwesterly direction along the land now or formerly of Robert B. and Marjorie Townsend 108.23 feet to a point, thence in a southerly direction by land of said Robert B. and Marjorie Townsend 81.76 feet to a point, thence in a southwesterly direction again by land now or formerly of said Robert B. and Marjorie Townsend, 65.23 feet to the land now or formerly of CharlesE. and Eleanor F. Ramsey, thence turning and running in a northwesterly direction along the land of the said Charles E. and Eleanor F. Ramsey, 181 .12 feet to Waltham Street, thence turning and running in a northerly direction by a curved line on said Waltham Street 100 feet to the southwesterly corner of the existing 01 district, thence turning and running in a southeasterly direction along the southwesterly line of ea& the said existing 01 district 99.50 feet to a point, thence turning and running northeasterly by the southeasterly line of said 01 district 160.145 feet to the point of beginning. -9- Article 47. To see if the Town will vote to amend the Zoning By-Laws so as to add to the definition of "Street" in Section 2 (f) the following sentence: A public or private way as aforesaid shall not be deemed to be a "street" as to any lot of land that does not have rights of access to and of passage over said way. Article 4e. To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an R 1 District to a C 1 District by adding in Section 4 (c) C 1 - Local business districts, the following new paragraph: A district upon the southeasterly side of Weston Street beginning at a point 125 feet northeasterly of the northeasterly line of the Cambridge--Concord Highway thence southeasterly by a line parallel to said Cambridge—Concord Highway distant approximately 400 feet to a point , thence northeasterly distant approximately 327 feet to a point, thence northwesterly distant approximately 360 feet to a point in the southeasterly line of Weston Street, thence southwesterly along said line of Weston Street distant approximately 330 feet to the point of beginning. ( Inserted at the request of ten or more registered voters. ) Article 49. To see if the Town will vote to amend Section 39A of Article XXIV of the General By-Laws of the Torn of Lexington by adding thereto the word "shot-gun" after the word "rifle" in the first paragraph of said section, so that this first paragraph shall read: ! 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, shot-gun, 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 one' s person or other human being or property, nor to veterinarians in the practice of their profession, nor in the performance 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 duly approved by the Chief of Police." ( Inserted at the request of ten or more registered voters . ) Article 50. To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the 1953 tax rate, or act in any other manner in relation thereto. Article 51. To receive the report of the Planning Board as to options obtained for land or rights therein that it desires to recommend be acquired by the Town as locations for future streets as authorized by the vote adopted under Article 42 of the warrant for the 1952 Annual Town Meeting, and to see if the Town will authorize the Planning Board to con- tinue obtaining such options and authorize the Board of Selectmen to acquire such land or rights therein as locations for future streets; appropriate money for such pptions and for land acquisition and determine whether the money shall be provided by the current tax levy or by transfer from avail- able funds, or by any combination of these methods; or act in any other manner in relation thereto. -10- 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 ninth day of February, A. D. , 1953. • • Rr �i�,1 �`;,,.v,.� ,��° 4/2 ' rig Selectmen of 2P Lexington CONSTABLE' S RETURN To the Town Clerk February c 4t , 1953 I have served the foregoing warrant by posting a printed copy thereof in five (5) public places in the Town and also by sending by mail, postage prepaid, a printed copy of such warrant addressed to every registered voter of the Town at his last residence, as appears from the recordsof the Board of Registrars of Voters /1 days before the time of said meeting. P Attest: .nstable of Lexington