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HomeMy WebLinkAbout1975-03-03-TE-Warrant-and-1975-03-17-ATM-Warrant TOWN WARRANT Town of Lexington 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, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, BRIDGE SCHOOL; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND JUNIOR HIGH SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on Monday, the third day of March, A.D. , 1975 at 7:00 o' clock A.M. , then there to act on the following articles: ARTICLE I . 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 member of the Planning Board for the term of five years; One Moderator for the term of one year; One member of the Lexington Housing Authority for the term of five years; Seven Town Meeting Members in Precinct One, for the term of three years; Seven Town Meeting Members in Precinct Two, for the term of three years; Seven Town Meeting Members in Precinct Three, for the term of three years; Seven Town Meeting members in Precinct Four, for the term of three years; Ten Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1977, and the two receiving the next highest number of votes to fill unexpired terms ending March, 1976. Seven Town Meeting Members in Precinct Six, for the term of three years; Seven Town Meeting Members in Precinct Seven , for the term of three years; Eight Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for the term of three years , the one receiving the next highest number of votes to fill an unexpired term ending March, 1976; Seven Town Meeting Members in Precinct Nine, for the term of three years. To vote YES or NO by ballot on the following question: Shall licenses be granted in this town for the operation, holding or conducting a game commonly called beano? YES NO -2- The polls will be open at 7:00 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 seventeenth day of March, 1975, 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, as amended, and subject to the referendum provided for by Section eight of said Chapter, , as amended. ARTICLE 2. To receive the reports of any Board of Town Officers or of any Committee of the Town. ARTICLE 3. To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. ARTICLE 4. To see if the Town will make appropriations for expenditures by 1 departments, officers, boards, and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the 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. (Inserted by Board of Selectmen) ARTICLE 5. To see if the Town will make appropriations for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, to fund cost items included in collective bargaining agreements reached between the Town and employee organizations and determine whether the money shall be provided by the 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. (Inserted by Board of Selectmen) ARTICLE 6. To see if the Town will make supplementary appropriations, to be used in conjunction with money appropriated under Article 4 of the warrant for the 1974 annual town meeting, to be used during the current fiscal year and determine whether the money shall be provided by transfer from available funds; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -3- ARTICLE 7. To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 8. To see if the Town will appropriate a sum of money for the Reserve Fund as provided by Section 6 of Chapter 40 of the General Laws, and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Reserve Fund - Overlay Surplus, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) 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 current fiscal year; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 10. To see if the Town will vote to appropriate the total amount of State Aid to public libraries received in 1915 to the Trustees of the Cary Memorial Library to use in improving and extending library services in Lexington; or act in any other manner in relation thereto. (Inserted at the request of Library Trustees) ARTICLE II . 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 4A of Chapter 41 of the General Laws; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) I i 1 1 -4- ARTICLE 12. To see if the Town will make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets , or buildings that have heretofore been authorized, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 13. To see if the Town will vote to install street lights in such unaccepted streets as the Selectmen may determine prior to the final adjournment of the 1976 Annual Town Meeting; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 14. To see if the Town will authorize the Selectmen to obtain appraisals on land and on rights therein that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational or open space or off-street parking or school purposes; or any combination of said purposes, and will authorize the Selectmen to acquire by purchase, eminent domain, or otherwise, the land or rights therein that are recommended for such purposes, appropriate money for such appraisals and land acquisition and determine whether the money shall be provided by the tax levy, or by transfer from available funds , or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 15. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July I , 1975, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) M1 -5- ARTICLE 16. To see if the Town will authorize the Selectmen to install curbing 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 tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 17. To see if the Town will vote to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, 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 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. (Inserted by Board of Selectmen) ARTICLE 18. 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, subject to the assessment of betterments 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 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. (Inserted by Board of Selectmen) -6- ARTICLE 6-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 tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 20. To see if the Town will vote to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, 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 tax levy, by transfer from available funds, including any special sewer funds , or byborrowing, orany of these methods; or act in anyother manner by combination in relation thereto. (Inserted by Board of Selectmen) ARTICLE 21 . To see if the Town will vote to install trunk sewers in the Concord Avenue area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, 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 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. (Inserted by Board of Selectmen) 4 - 1 - - -7- ARTICLE 22. To see if the Town will vote to install trunk sewers in the Moon Hill Road area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, 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 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. (Inserted by Board of Selectmen) ARTICLE 23. To see if the Town will appropriate a sum of money for engineering services for an inflow infiltration study of the Town's sewer system; determine whether the money shall be provided by the tax levy, or by transfer from available funds , or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 24. 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 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. (Inserted by Board of Selectmen) -8- ARTICLE 25. To see if the Town will appropriate a sum of money, in addition to the sum appropriated under Article 43 of the warrant for the 1974 annual town meeting, for the purchase of an ambulance-rescue vehicle for the Fire Department; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted byBoard of Selectmen) ARTICLE 26. 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 tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ( Inserted by Board of Selectmen) ARTICLE 27. 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 tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ( Inserted by Board of Selectmen) ARTICLE 28. To see if the Town will appropriate a sum of money for engineering services for a comprehensive drainage study of the Town; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 29. To see if the Town will appropriate a sum of money for the development of Westview Cemetery, and determine whether the money shall be provided by the 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. (Inserted by Board of Selectmen) -9- ARTICLE 9-ARTICLE 30. To see if the Town will appropriate a sum of money for air n conditioni i i g the East Lexington Branch Library; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Library Trustees) ARTICLE 31 . To see if the Town will appropriate a sum of money for a sanitary landfill transfer station; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 32. To see if the Town will appropriate a sum of money to be expended by the Selectmen as authorized by Chapter 570 of the Acts of 1962 for reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater width or size than would be required to serve the subdivision alone, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the he request of the Planning Board) ARTICLE 33. To see if the Town will appropriate a sum of money for engineering services for a study of the sanitary landfill area of the town and areas adjacent thereto leading to a land management program; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 34. To see if the Town will appropriate a sum of money, in addition to the money appropriated under Article 37 of the warrant for the 1973 annual town meeting, for constructing, originally equipping and furnishing a dog kennel on town owned land; determine whether such appropriation shall be raised by borrowing or otherwise; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) - 10- ARTICLE 35. To see if the Town will appropriate a sum of money for lighting the baseball field at the Center playground; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee) ARTICLE 36. To see if the Town will appropriate a sum of money to construct and equip a bathhouse and install a fence at the Old Res area; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee) ARTICLE 37. To see if the Town will appropriate a sum of money for the construction of four tennis courts at Diamond Junior High School ; determine whether the money shall be provided by the tax levy, or by transfer fer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee) ARTICLE 38. To see if the Town will appropriate a sum of money for the development of paths for walking, bicycling and cross-country skiing in such locations as the Recreation Committee may determine with the approval of the Board of Selectmen; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee) ARTICLE 39. To see if the Town will authorize the Selectmen to convey an access easement 25 feet wide and 150 feet long consisting of 3,875 square feet, more or less, over Town owned land shown as Lot 99 on Assessors' Property Map 69 at Adams and North Streets to Mr. and Mrs. Alden Webster; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) - II- ARTICLE 40. To see if the Town will appropriate a sum of money for acquiring land for open space and conservation purposes, including outdoor recreation, under G.L.c. 40, s. 8C as amended; determine whether such appropriation shall be raised by borrowing or otherwise; or act in any other manner in relation thereto. ( Inserted at the request of Conservation Commission) ARTICLE 41 . To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for con- servation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 30 on Assessors' Property Map 56, now or formerly of Moore Homes, Inc. , and Lot 143 on Assessors' Property Map 64, now or formerly of E A T Realty Trust; and appropriate money therefor and determine whether the money shall be provided by the 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. (Inserted at the request of Conservation Commission) ARTICLE 42. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section SC of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other P interest in all or any part of land shown as Lot 14 on Assessors' Property Map 87, now or formerly of May; and appropriate money therefor and determine whether the money shall be provided by the 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. (Inserted at the request of Conservation Commission) • _ 12_ ARTICLE 43. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws , as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 31 on Assessors' Property Map 8, now or formerly of Mimno and Lot 33 on Assessors' Property Map 8, now or formerly of Carpenter; and appropriate money therefor and determine whether the money shall be provided by 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. (Inserted at the request of Conservation Commission) ARTICLE 44. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 124 on Assessors' Property Map 34, now or formerly of Napoli ; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any y other manner in relation thereto. ( Inserted at the request of Conservation Commission) i - 13- ARTICLE 45. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws , as amended , any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 175A on Assessors' Property Map 32, now or formerly owned by Lexington Associates, Inc. ; and appropriate money therefor and determine whether the money shall be provided by the 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. (Inserted at the request of Conservation Commission) ARTICLE 46. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of a parcel of land on Webb Str6et now or formerly of Helen I . Finard, being shown on a plan entitled "Plan of Land Webb Street Lexington, Mass." dated June 3, 1968, made by William J. Skane, Registered Land Surveyor, filed as Land Court Plan No. 35798A in the Land Registration Office; and appropriate money therefor and determine whether the money shall be provided by the 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. (Inserted at the request of Conservation Commission) I -14- ARTICLE 47. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, and for water retention in cooperation with the Town of Lexington Department of Public Works/Engineering, any fee easement, or con- servation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of a parcel of land consisting of lots 21 through 39 inclusive of Block 19, lots I through 35 inclusive of Block 20, lots I through 16 inclusive and lots 19 through 33 inclusive of Block 21 , lots I through 15 and lots 18 through 31 inclusive of Block 22, lots I through 14 and lots 17 through 30 inclusive of Block 23, lots I through 22 inclusive of Block 24, lots I through 22 inclusive of Block 25, lots I through 22 inclusive of Block 26, lots I through 22 inclusive of Block 27, lots 1 through 22 inclusive of Block 28, lots 12 through 20 inclusive of Block 29, lots 2 and 3 of Block 32, lots 16, 17 and 18 and lots 41 through 49 of Block 33, lots 15 through 23 and 41 through 52 of Block 34, lots 14 through 26 and 40 through 52 inclusive of Block 35, lots 14 through 26 and 40 through 52 inclusive of Block 36, lots 13 through 26 and 39 through 52 inclusive of Block 37, lots 13 through 26 and 39 through 52 inclusive of Block 38, lots 13 through 26 and 37 through 52 inclusive of Block 39, lots 3, 4, and 5 of Block 55, lots 1 through 4 inclusive of Block 56, and lots I through 25 inclusive of Block 57, all as shown on "Plan of Lots at Lexington Heights, owned by M. C. Meagher", surveyed by E. A. W. Hammett, C.E. , dated July 1892, recorded in Middlesex South District Registry of Deeds, Plan Book 77, Plan 24; and appropriate money therefor and determine whether the money shall be provided by the 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. (Inserted at the request of Conservation Commission) IL -I5- ARTICLE 48. To see if the Town will appropriate an additional sum of money to the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964, and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ( Inserted at the request of Conservation Commission) ARTICLE 49. To see if the Town will vote to establish as a town way and accept the layout of as a town way Belfry Terrace from Forest Street a distance of 350 feet, more or less, northeasterly to its end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 50. To see if the Town will vote to establish as a town way and accept the layout of as a town way a Public Footpath a distance of 900 feet, more or less, from Valleyfield Street to Waltham Street, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975 and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said footpath and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds , or by any combination of these methods; or act in any other manner in relation thereto. ( Inserted by Board of Selectmen) -16- ARTICLE 51 . To see if the Town will vote to establish as a town way and accept the layout of as a town way Columbus Street from the accepted portion a distance of 150 feet, more or less, southwesterly to its end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 52. To see if the Town will vote to establish as a town way and accept the layout of as a town way Kendall Road from 6herburne Road a distance of 2230 feet, more or less, southerly to the Vine Brook, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ■ - 17- ARTICLE 53. To see if the Town will vote to establish as a town way and accept the layout of as a town way Sherburne Road a distance of 1125 feet, more or less, from Kendall Road to 110 feet beyond Dane Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 54. To see if the Town will vote to establish as a town way and accept the layout of as a town way Worthen Road a distance of 1100 ft. , more or less , starting 400 feet from John Poulter Road to 150 feet beyond Sherburne Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) - 18- ARTICLE 55. To see if the Town will vote to establish as a town way and accept the layout of as a town way Springdale Road a distance of 900 feet, more or less, from Bates Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 56. To see if the Town will vote to establish as a town way and accept the layout of as a town wayEmerson Road a distanceof1520 Y feet, more or less, from Maple Street to the end, as laid out by the Selectmen and shown file uponplanon p in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -19- ARTICLE 57. To see if the Town will vote to establish as a town way and accept the layout of as a town way Bryant Road a distance of 330 feet, more or less, from Page Road to Emerson Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds , or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 58. To see if the Town will vote to establish as a town way and accept the layout of as a town way Bushnell Drive a distance of 470 feet, more or less , from Worthen Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) 00 -20- ARTICLE 59. To see if the Town will vote to establish as a town way and accept the layout of as a town way Village a Circle a distance of 1350 feet, more or less , from Bryant Road to the end , as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy , by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 60. To see if the Town will vote to establish as a town way and accept the layout of as a town way Militia Drive a distance of 460 feet, more or less, from Worthen Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) II -21- ARTICLE 61 . To see if the Town will raise and appropriate a sum f � o money for filing fees in connection with the acceptances of streets; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by .Se a I c and Bo o f : tmen) ARTICLE 62. To see if the Town will authorize the Selectmen to convey a strip of Town owned land approximately 166 feet long on the southerly side of Wood Street, and approximately 300 feet westerly from Fairview Avenue, consisting of approximately 12,800 square feet, shown on Assessors' Property Map 59, to the Lexington Housing Authority; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 63. To see if the Town will vote to amend the General By-Laws of the Town by adding a new Article XXXI thereto which would permit the Board of Selectmen to regulate the hours during which businesses engaged in retail sales to the public may be open; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) Oil_ -22- ARTICLE 64. To see if the Town will vote to join the National Flood Insurance Program and designate an appropriate Town agency to report to H U D thereunder; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 65. To see if the Town will vote to amend the Zoning By-Law as follows; A. By adding a new subsection 20.4 as follows• "20.4 National Flood Insurance Districts: NFID - National Flood Insurance Districts, which are superimposed on other districts, as described in Section 22.6." B. By adding a new subsection 22.6 as follows; "22.6 National Flood Insurance Districts; NFID - National Flood Insurance Districts as shown on maps entitled F. I . A. FLOOD HAZARD BOUNDARY MAPS consisting of an index map and 8 sheets numbered 01 , 02, 03, 04, 05, 06, 08 and 09, dated June 28, 1974, on file with the Town Clerk." or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -23- ARTICLE 66. To see if the Town will vote to amend the Zoning Eby-law by: I . Replacing the words "Except for" by the word "For" in footnote (e) of Section 27 - Schedule of Dimensional Controls. 2. Placing footnote (j) indication after the row caption "Minimum Front Yard (b)" and deleting it from that row under column CH in Section 27 - Schedule of Dimensional Controls. 3. Substituting the words "Minimum Side and Rear Yard Adjacent to Residential District" for the words "Minimum Side and Rear Yard Adjacent to RO, RS, RI, RM, RD Districts" in the row captions of Section 27 Schedule of Dimensional Controls. 4. Substituting the words "Residential District Boundary" for the words "RO, RS, RT, RM or RD District Boundary" in subsection 32.2 - Schedule of Dimensional Restrictions for Parking Loading. Loadin . 5. Adding to Section 40 - Definitions after the definition of "RECORDED" the definition "RESIDENTIAL DISTRICT: Any district in Lexington whose designation begins with R and any district in an abutting Town intended for residential use". 6. Substituting in the first sentence of Section 24 the words "permitted by Section 30" for the words "exempted by Section 31". or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -24- ARTICLE 67. To see if the Town will vote to amend the Zoning By- law by inserting a new subsection 24.6 as follows: "No private way or driveway serving a non-residential use in a non-residential district shall be built through a residential district." or act in any other manner in relation thereto. ( Inserted at the request of Planning Board) ARTICLE 68. To see if the Town will vote to amend the Zoning By-Law by inserting a new subsection 24.7 as follows: "No structure shall be erected unless a certified plot plan shall be submitted to the Building Inspector with such information as he may deem necessary for the enforcement of the Building By-Law, Zoning By-Law, and other applicable Laws, By-Laws, Rules and Regulations of the Town." or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 69. To see if the Town will vote to amend Section 25.80 of the Zoning By-Law by: A. Deleting the words "garage space for parking not more than three automobiles". B. Substituting the words "only one garage parking space may be used for" for the words "one of which may be a"; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) 1® -25- ARTICLE 70. To see if the Town will vote to amend the Zoning By-Law by inserting a new subsection 24.8 as follows; "Every swimming pool shall be completely surrounded by a fence or wall not less than four (4) feet in height. Each such fence or wall shall be so constructed as not to have openings, holes, or spaces larger than four (4) inches in any direction, except for doors and gates and except for picket fences where the space between pickets shall not exceed four (4) inches." or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 71 . To see if the Town will vote to amend Section II of the Zoning By-Law by; A. Substituting the words "Zoning Officer" for the words "Building Inspector." B. Substituting a new first paragraph to read as follows; "The Zoning Officer as appointed is hereby designated and authorized as the officer charged with the enforce- ment of the Zoning By-Law." or act in any other manner in relation thereto. (Inserted at the request of Planning Board) [_II -26- ARTICLE 72. To see if the Town will appropriate a sum of money to be expended under the supervision of the Planning Board, for professional consultants and for expenses incurred by the Planning Board to make general planning studies of such matters, but not limited to, downtown parking, transportation, hydrological studies, soil studies, bicentennial studies; determine whether the money shall be provided by the tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 73. To see if the Town will vote to accept Section 65 of Chapter 44 of the General Laws relating to vacation pay; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 74. To see if the Town will vote to accept Section 8D of Chapter 40 of the General Laws relating to the establishment of an historical commission and determine the number and terms of the members who will be appointed thereto; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) I -27_ ARTICLE 75. To see if the Town will vote to amend the General By-Laws of the Town by adding thereto a new Article XXXIlto provide for the establishment of a council on aging; appropriate money therefor and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 76. To see if the Town will petition the General Court for an act to allow the Selectmen to rescind their acceptance of Section II E of Chapter 32 B of the General Laws relating to the transfer of group I life and health insurance for retired teachers to the state; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 77. To see if the Town will vote to authorize the Selectmen to appoint a Committee on Cable Communications which shall review the preliminary report of the Advisory Committee to the Lexington Board of Selectmen on Cable Television and Cable Communication, conduct further studies, and hold public hearings concerning the operation of community antenna television systems, including municipal ownership thereof, and make recommendations in connection therewith to the Selectmen; and appropriate money therefor and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) d� I -28- ARTICLE 73 . To see if the Town will appropriate a sum of money for a revaluation of all taxable property in the Town; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 79. To see if the Town will prohibit or restrict the use of synthetic, non-organic, or other fertilizers on lands owned by the Town; provide for the posting of such lands with signs notifying the public of such prohibition or restriction; or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) ARTICLE 80 . To see if the Town will appropriate a sum of money, in addition to funds appropriated under Article 4, for the cost of providing bus transportation to and from school for secondary school pupils re- siding one and one half or more miles but less than 2 miles from the school they attend; and to determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods, or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) -2 9- ARTICLE 81 . To see if the Town will authorize the Selectmen to transfer as provided by Section 15A of Chapter 40 of the General Laws, as amended, to the Conservation Commission for all purposes included in Chapter 40, Section 8C as it now reads or may hereinafter be amended, and for natural resource protection, open space, and parkland including playground and recreational purposes the care and management of certain parcels of land acquired under Articles 43 and 44 of the adjourned Town Meeting of March 28, 1960. ( Inserted at the request of ten or more registered voters) ARTICLE 82. To see if the Town will vote to amend the Zoning By- Law as follows: 24.7 All land within 200 feet of either side of the boundary between any residential zone (whose designation begins with the letter R) and any other (nonresidential ) zone shall be designated a buffer zone for purposes of this section and all subsections thereto. 24.71 Any restrictions specified in section 24.7 and any subsection thereto pertaining to land or other property in a buffer zone (as defined in section 24.7) may be modified by a special permit from the Board of Appeals; providing, however, that in considering the granting of such a permit, the principal criterion of the Board of Appeals shall be the preservation of the amenities of the residential zone. The Board of Appeals may make other conditions in granting a special permit. A special permit granted under this subsection shall not be granted for a period in excess of five years. or act in any other manner in relation thereto. ( Inserted at the request of ten or more registered voters) -30- ARTICLE 83. To see if the Town will vote to amend the Zoning By-Law as follows: 24.72 No substantial changes shall be made or shall be caused to be made by any person to land contours in a buffer zone. Any grading other than that used in normal lawn maintenance shall be deemed substantial . 24.73 No person shall injure or shall cause to be injured any tree or shrub located within a buffer zone, if the circum- ference of such tree or shrub trunk is in excess of 10 inches; except that this shall not preclude minor pruning associated with normal tree or shrub care. or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) ARTICLE 84. To see if the Town will vote to amend the Zoning By-Law as follows: 24.74 No lights shall be illuminated between the hours of 10 p.m. and dawn the following morning in any portion of a buffer zone used for nonresidential purposes, if such lights are directly visible from any portion of any residence within 1/4 mile distance or from any public way; except that this shall not apply to the usual street lights used to illu- minate a public way. 24.75 No sign shall be illuminated in any portion of a buffer zone between the hours of 10 p.m. and dawn the following morning. 24.76 The illumination level due to artificial illumination on any interior surface in any portion of any building used for nonresidential purposes within a buffer zone shall not exceed 50 foot-candles between the hours of 10 p.m. and dawn the following morning, if said surface is visible from any portion of any residence within 1/4 mile distance or from any public way. 24.77 No portion of the exterior wall or walls of any building used for nonresidential purposes within a buffer zone shall be artificially illuminated between the hours of 10 p.m. and dawn the following morning; except that illumination at a level not in excess of 50 foot-candles shall be permitted on entrances, providing the source or sources of illumination are not directly visible from any portion of any residence within 1/4 mile distance or from any public way. or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) ■ -31- ARTICLE 85. To see if the Town will instruct the Planning Board to appoint committees to study and make recommendations to the Planning Board concerning possible amendments to the Zoning By-Law, in at least each of the following areas: (a) sound; (b) artificial lighting; (c) odor and effluents into the atmosphere; (d) liquid and solid effluents; (e) signs; and to form and activate the committees without undue delay, so that the results cf the studies can be made available to the Planning Board and interested citizens i i e sufficiently early to permit the inclusion of articles in the next Annual Town Warrant; or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) ARTICLE 86. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of a parcel of land in the vicinity of Wood Street and Hartwell Avenue described as Lot E on Certificate of Title 72175, in Land Registration Book 481 , page 589 fn the Middlesex South Land Registry District; and appropriate money therefor and determine whether the money shall be provided by the 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. (Inserted at the request of ten or more registered voters) il[ . , -32- ARTICLE 87 . To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the tax rate for the fiscal year; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) 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 third day of February, A.D. , 1975. / r, n ., t i , � /' eolAX--47 L. Selctmen / _ �r 6/ tf'� mac,:-- 11 of /i /1 ci/SLexington Ale eritejaeld , . A true copy, Attest: Guy D. Busa - `l i Cons of Lexington - r- c.. - r.-7n 9 n'° 3: 16 t is6J ' 61 H ^i ('n • CONSTABLE'S RETURN �E%